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Agenda Packet City Council - 04/18/2017
Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday,April 18,2017 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 Chaplain Lynne Blackler, Christus Spohn Health System. C. Pledge of Allegiance to the Flag of the United States to be led by Mia Garcia, Foy H. Moody High School, National Honor Society. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 17-0475 Proclamation declaring April 2017, "Lions Club International Centennial Celebration Month". Commendation presentation to Coach James McMinn, Flour Bluff Girls Basketball Coach. Swearing-In Ceremony for Newly Appointed Board, Commission and Committee Members. Corpus Christi Page 1 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER G. MINUTES: 2. 17-0488 Regular Meeting of April 11, 2017 and the Workshop of March 22, 2017. Attachments: Minutes-April 11, 2017.pdf Minutes- March 22, 2017.pdf H. BOARD &COMMITTEE APPOINTMENTS: (NONE) 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 4/18/2017 City Council Meeting Agenda-Final April 18,2017 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 3 - 11) 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. 3. 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 4. 17-0328 Second Reading Ordinance - Rezoning property located at 1744 Rand Morgan Road (FM 2292) (1st Reading 4/11/17) 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. Corpus Christi Page 3 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 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 5. 17-0373 Second Reading Ordinance - Rezoning property located at 522 South Padre Island Drive (State Highway 358) (1st Reading 4/11/17) 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. Planninq 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 Corpus Christi Page 4 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 Zoning Report 0317-01 Estate of W.R. Durrill with Exhibits 6. 17-0415 Second Reading Ordinance - Urban Transportation Plan Amendment - Deletion of proposed Coverdale Street (Widgeon Drive) extension between the proposed County Road 52 extension and Starlite Lane (1st Reading 4/11/17) 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 7. 17-0417 Second Reading Ordinance -Accepting and appropriating grant funds for the Internet Crimes Against Children (ICAC) program within the Police Department (1st Reading 4/11/17) 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 8. 17-0391 Second Reading Ordinance -Accepting and appropriating Grant funds for the Homeland Security Grant Program (HSGP) (1st Reading 4/11/17) 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 9. 17-0258 Second Reading Ordinance -Accepting and appropriating Corpus Christi Page 5 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 Insurance Claim Payments for Golf Fund (1st Reading 4/11/17) 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 10. 17-0401 Second Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for property located east of Waldron Road and south of Don Patricio Road (1st Reading 4/11/17) 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 11. 17-0409 Second Reading Ordinance - Closing portions of two utility easements at the Del Mar College East Campus, located at 101 Baldwin Blvd. (1st Reading 4/11/17) 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. Attachments: Agenda Memo- Delmar easement closures Ordinance with Exhibits- Delmar easement closures Presentation - Delmar easement closures L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 12) Corpus Christi Page 6 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 12. 17-0438 Public Hearing and First Reading Ordinance - Rezoning property located at 4325 South Padre Island Drive (State Highway 358) Case No. 0317-05 Vishal Hotel, LP: 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 Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway. Planning Commission and Staff Recommendation (March 22, 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 Vishal Hotel, LP ("Owner"), by changing the UDC Zoning Map in reference to Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, from the "IL" Light Industrial District 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-0317-05 Vishal Hotel, LP Ordinance -0317-05 Vishal Hotel, LP Aerial Maps-0317-05 Vishal Hotel, LP Zoning Report-0314-05 Vishal Hotel, LP N. REGULAR AGENDA: (ITEMS 13 - 14) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 13. 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 Corpus Christi Page 7 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 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 14. 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.pptx 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 Auqr 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 Augmentati Amendment No. 2 LNV Jose DeLeon -Construction Inspection Staff Augmentat O. FIRST READING ORDINANCES: (ITEMS 15 - 19) 15. 17-0476 First Reading Ordinance -Accepting and appropriating donations for the dog park at Bayshore park Ordinance authorizing the City Manager or designee to execute a donation agreement with the Coastal Bend Community Foundation and accept$51,000 in donated funds from the Coastal Bend Community Foundation; authorizing the City Manager or designee to execute a donation and naming agreement with the Vishal Raju Bhagat Foundation and accept $75,000 in donated funds from the Vishal Raju Bhagat Foundation; appropriating $126,000 in the No. 4720 Community Enrichment Fund for construction of a dog park at Bayshore Park; and naming the dog park the "Vishal Bhagat Dog Park." Attachments: Agenda Memo- Dog Park Donation for Bayshore Park Corpus Christi Page 8 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 Ordinance - Dog Park Donation for Bayshore Park Gift Agreement-City of CC and Coastal Bend Community Foundation Donation and Naming Rights Agreement- Dog Park-Vishal Bhaqat Foundation 2017 0112 Bayshore Dog Park Prelim Boards (2) 16. 17-0480 First Reading Ordinance - Rebranding of Bayshore Park Development to The Water's Edge and adding "Veterans' Memorial" to Sherrill Park Ordinance to name and rebrand the Bayshore Park Development along Shoreline Blvd. generally from Furman Ave. to Cooper's Alley to "The Water's Edge", and to rename Sherrill Park as "Sherrill Veterans' Memorial Park". Attachments: Agenda Memo-The Water's Edge Ordinance -The Water's Edge and Sherrill Veteran's Memorial Park Naming OL11 Presentation - Bayshore Park Naming 17. 17-0446 First Reading Ordinance - One-way traffic flow along Rancho Vista Boulevard, between Yorktown Boulevard and future extension of Oso Parkway Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I - One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. Attachments: Agenda Memo- Rancho Vista Blvd Ordinance - Rancho Vista - Direction Site Plan -Rancho Vista Vicinity Map- Rancho Vista.pdf Presentation - Rancho Vista Blvd 18. 17-0454 First Reading Ordinance - Establishing a school zone for Tuloso-Midway High School Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V - Increase of State Speed Limit in Certain Zones; designating a school speed zone; providing for severance; and providing for publication. Attachments: Agenda Memo-School Zone McKinzie Rd.docx Ordinance - McKinzie Road (School Speed Zone) Location Map-School Zone McKinzie Road.pdf Vicinity Map-School Zone McKinzie Rd.pdf Presentation -School Zone McKinzie Road.pptx Corpus Christi Page 9 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 19. 17-0489 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 March 7, 2017, regarding Packery Channel monitoring and improvements, and updated information on other Packery Channel projects; Attachments: Agenda memo Ordinance TIRZ 2 Prosect Plan 4.12.17 Exhibit#1 -TIRZ#2 Project Plan 4.12.17 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H -Engineering Projects Exhibit I - 1111 North Padres Island TIRZ2 Budget TIRZ Balance Sheet&Income Statement 11.30.2016 P. FUTURE AGENDA ITEMS: (ITEMS 20 - 23) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 20. 17-0470 Purchase and installation of playground equipment at West Haven Park Motion approving the purchase and installation of playground equipment at West Haven Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $83,200.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. Attachments: Agenda Memo- Playground Equip and Install at West Haven Park Price Sheet- Playground Equip and Install at West Haven Park.xlsx Service Agreement- Playground Equip and Install at West Haven Park Form 1295-Playground Equip and Install at West Haven Park 21. 17-0444 Resolution authorizing Interlocal Agreement with West Oso ISD for West Haven Park Maintenance Corpus Christi Page 10 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park located near intersection of Cliff Maus Drive at Rockford Drive. Attachments: Agenda Memo-West Oso ISD Interlocal Agreement for Westhaven Park Resolution -West Oso ISD Interlocal Agreement for Westhaven Park Agreement-West Oso ISD Interlocal Agreement for Westhaven Park 22. 17-0378 Construction Contract for Yorktown Boulevard from Everhart Road to Staples Street(Bond 2014, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LLC dba Bay, Ltd of Corpus Christi, Texas in the amount of$8,838,277 for Yorktown Boulevard from Everhart Road to Staples Street for Base Bid Part 2 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of$99,071 for Yorktown Boulevard from Everhart Road to Staples Street. (Bond 2014 Proposition 1) Attachments: Agenda Memo Yorktown Project Budget Yorktown Location Map Yorktown Road Everhart to Staples Yorktown - Informal Staff Report Presentation -Yorktown Road Recommendation Letter Yorktown Yorktown Testing agreement Form 1295 Bay Ltd for Yorktown Blvd E13096 Form 1295 Rock for Yorktown 23. 17-0464 Resolution of Support for the City of Corpus Christi Application for State Water Implementation Fund for Texas Resolution requesting financial assistance from the Texas Water Development Board for payment of costs of studying, evaluating, determining feasibility of, and undertaking preliminary design work relating to a Seawater Desalination Project; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from the State Water Implementation Fund for Texas; and other matters in connection therewith. Attachments: Agenda Memo- Resolution SWIFT Resolution -TWDB Final Q. BRIEFINGS: (ITEMS 24 - 25) Corpus Christi Page 11 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 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. 24. 17-0016 Utility Department Water Meter Program Attachments: Agenda Memo-Water meters.docx Presentation-Water Meter City Council 18 April 17 25. 17-0423 North Beach Redevelopment Initiative Attachments: Agenda Memo- North Beach Presentation Presentation- North Beach Redevelopment Initiative Exhibit A 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 26 -27) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 26. 17-0486 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). 27. 17-0487 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 purchase, exchange, lease, or value of real property at or in the vicinity of Island Gate Plaza or legal actions related thereto and pursuant to Texas Corpus Christi Page 12 Printed on 4/18/2017 City Council Meeting Agenda-Final April 18,2017 Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property at or in the vicinity of Island Gate Plaza) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 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 agenda, but no other action will be taken, and no public comment solicited. U. ADJOURNMENT Corpus Christi Page 13 Printed on 4/18/2017 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes 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. A. Mayor Pro Tem Lucy Rubio to call the meeting to order. Mayor Pro Tem Rubio called the meeting to order at 11:31 a.m. B. Invocation to be given by Elder Jimmy Perez, New Life Church. Elder Jimmy Perez gave the invocation. 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. Mr.Jared Cruz led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca L. 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 4/14/2017 City Council Meeting Minutes April 11,2017 E. Proclamations /Commendations 1. 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". Mayor Pro Tem Rubio presented the proclamations, including the following additional proclamation: Proclamation declaring April 16,2017, "The 75th Anniversary of the Easter Sunrise Passion Play". 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 deviated from the agenda and referred to comments from the public. Scott Leeton, 3122 Leopard, provided statistics comparing the average number of police officers to population in Corpus Christi and cities of comparable size and requested that the City Council consider adding police officers in the upcoming budget. Mary Lou Huffman, 402 Old Robstown Road, spoke regarding annexation on the southside of the City and the need to encourage infill development on the westside of the City. Kelly Sells, 5014 Wingfoot,spoke regarding police officers'failure to enforce handicap laws and ADA parking violations. Sherry Sells, 5014 Wingfoot,spoke regarding food trucks being allowed to park in handicapped parking spaces in the Corpus Christi Regional Transportation Authority's (RTA) parking lot and the City's approval of the parking. Carolyn Moon, 4902 Calvin, requested that the City improve the scheduling times for brush pickup. Abel Alonzo, 1701 Thames, addressed previous comments made regarding handicapped parking spaces being used at RTA and the City's good faith efforts to address issues for persons with disabilities. Sir Frederick Von King IV, PO Box 1181, commended the City Council for their work and informed them of his change of address. Susie Luna Saldana, 4710 Hakel,spoke regarding negative comments made relating to police officers and expressed support for funding additional police officers.Joan Veith, 5701 Cain Drive,spoke in support of increasing the number of police officers and complimented employees from the Water Department.Juan Araiza, 5921 Shadow Wood,spoke regarding a council member not responding to his emails and addressed the City's Code of Ethics. Corpus Christi Page 2 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 Claude Axel, 741 Crestview,thanked the City Council for their work accommodating the citizens of Corpus Christi and spoke in support of additional police officers. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Pro Tem Rubio referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1)An update on the inspection of backflow prevention devices and the development of a contract to set prices for contractors to inspect the devices. This program will ensure compliance and will pass the cost on to customers who have not voluntarily complied.2)City Manager Rose recognized and congratulated Housing and Community Development(HCD)staff who recently passed the Texas Department of State and Health Services'exam for lead risk assessors: Laura Rickerson, Marcus Flores,Alvin Witcher and Francisco Ramoz. The HCD Department can now conduct inspections on lead-based paint for homes that the City rehabilitates. By conducting this assessment in-house,the City saves $400 on each home. 3) City Manager Rose recognized the following Parks and Recreation staff and honors:Assistant Director of Parks and Recreation Stacie Talbert Anaya who was recently sworn in as the 2017 President of the Texas Recreation and Parks Society; receipt of the Lonestar Programming Award for the Oso Bay Wetlands Preserve Naturalist Teacher Workshop and Wetland Workshop and acknowledgement of Program Specialist Sara Joes and Recreation Coordinator Lauren Piorkowski who worked on the project; and receipt of the Texas Arts and Humanities Programming Award and acknowledgement of Management Assistant Tess Allen and former Superintendent of Support Services Reba George. G. MINUTES: 2. Regular Meeting of March 28, 2017 and City Council Workshops of March 30, 2017 and April 5, 2017. Mayor Pro Tem Rubio deviated from the agenda and refered to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Vaughn and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Airport Board Animal Care Advisory Committee Transportation Advisory Commission Mayor Pro Tem Rubio referred to board and committee appointments. The following appointments were made: Airport Board Council Member Molina made a motion to reappoint Luis F. Buentello, Harold Kaffie, Jr. and Robert Williams,seconded by Council Member Garza. This Corpus Christi Page 3 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 motion was passed with the following vote: Council Members Rubio, Smith, Garza, Guajardo, McComb, and Molina,voting "Aye"; Council Members Hunter and Vaughn voting "No". Mayor Pro Tem Rubio nominated Eric J. Cantu. Council Member Garza nominated Jon Reily. Council Member Molina nominated Heriberto A. Pineda, Jr.. Council Members Hunter, Vaughn, Rubio, and McComb voted for Eric J. Cantu. Council Members Guajardo, Smith, and Garza voted for Jon Reily. Council Member Molina voted for Heriberto A. Pineda,Jr. With no person receiving a majority vote, a runoff was conducted between Eric J. Cantu and Jon Reily,which resulted in a tie. Council Members McComb, Rubio, Vaughn and Hunter voted for Eric J. Cantu. Council Members Garza, Smith, Guajardo, and Molina voted for Jon Reily. Council members requested clarification on Jon Reily's residence and work addresses and requested to postpone the appointment until later in the meeting. Animal Care Advisory Committee Council Member Vaughn made a motion to reappoint Linda A. Gibeaut (Community At-Large),seconded by Council Member Molina and passed unanimously. Council Member Garza made a motion to appoint Sharon Ray(Community At-Large)and Keera E. Seiger(Community At-Large),seconded by Council Member Molina and passed unanimously. Transportation Advisory Commission Council Member Garza made a motion to reappoint Dennis Miller and Leo Rios, seconded by Council Member Vaughn and passed unanimously. Council Member Vaughn nominated John Garcia. Mayor Pro Tem Rubio nominated Robert A. Alvarez. Council Member Hunter nominated Phillip Davis. John Garcia was appointed with Council Members Vaughn, Rubio, McComb, Smith, and Hunter voting for John Garcia; Council Members Guajardo and Garza voting for Robert A.Alvarez; and Council Member Molina voting for Phillip Davis. With neither Robert A.Alvarez or Phillip Davis receiving a majority vote, a runoff was conducted and Robert A.Alvarez was appointed with Council Members Garza, Guajardo, McComb, Rubio, and Vaughn voting for Robert A. Alvarez and Council Members Smith, Molina and Hunter voting for Phillip Davis. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 8) Corpus Christi Page 4 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 Mayor Pro Tem Rubio referred to the Consent Agenda.A council member requested that Item 5 be pulled for individual consderation. City Manager Rose requested that Item 8 be pulled for individual consideration. City Secretary Huerta announced that Council Member Hunter would be abstaining from the vote on Item 5; Council Member Molina would be abstaining from the vote on Item 8. Council Member Garza made a motion to approve the consent agenda, seconded by Council Member Molina. The consent agenda items were passed and approved by one vote as follows: Approval of the Consent Agenda A motion was made by Council Member Garza, seconded by Council Member Molina, to approve the Consent Agenda. The motion carried by 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 4. 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 passed on the consent agenda. Enactment No: M2017-052 6. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031109 Corpus Christi Page 5 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 7. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031110 5. 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. Mayor Pro Tem Rubio referred to Item 5, renewal of property insurance. City Attorney Miles Risley and council members discussed the following topics:the reason for the automatic renewal option;the ability to bid out the contract annually;the Broker of Record contract with Carlisle Insurance Agency;the percentage of savings;the flood insurance preminum; and a breakdown of the structures that are insured. Council Member Hunter abstained from the discussion and vote on this item. 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: 7- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Hunter Enactment No: M2017-053 8. Second Reading Ordinance - Conveying City-Owned Property to Corpus Christi Page 6 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 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 transactions; and providing for severance. Mayor Pro Tem Rubio referred to Item 8, donation of surplus City properties to Habitat for Humanity. Director of Housing and Community Development Rudy Bentancourt stated that the agreement has been modified to state that"Habitat will pay closing costs associated with the sale of each identified property". In response to a council member, Executive Director of Habitat for Humanity Barb Sweeney,stated that Habitat for Humanity finances the homes for buyers. 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: 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 Enactment No: 031111 M. PUBLIC HEARINGS: (ITEMS 9 - 11) 9. 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, Corpus Christi Page 7 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 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. Mayor Pro Tem Rubio referred to Item 9. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow construction of a single-family home. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning change. Mayor Pro Tem Rubio opened the public hearing. There were no comments from the public. Mayor Pro Tem Rubio closed the public hearing. In response to a council member, Mr. Dimas provided clarification on the location of the property. Council Member Hunter 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 10. Public Hearing and First Reading Ordinance - Rezoning property located at 522 South Padre Island Drive (State Highway 358) 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. Mayor Pro Tem Rubio referred to Item 10. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the Corpus Christi Page 8 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 subject property to allow for construction of a hotel. Mr. Dimas stated that the Planning Commission and staff are in favor of the zoning change. Mayor Pro Tem Rubio opened the public hearing. There were no comments from the Council or the public. Mayor Pro Tem Rubio closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Molina. 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 11. 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. Mayor Pro Tem Rubio referred to Item 11. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to amend the Urban Transportation Plan Map, of Mobility CC, by deleting the proposed extension of Coverdale Street(Widgeon Drive) between the proposed extension of County Road 52 and Starlite Lane. Mayor Pro Tem Rubio opened the public hearing. There were no comments from the public. Mayor Pro Tem Rubio closed the public hearing. Council members and staff discussed the following topics:the location of Widgeon Drive; the entity that proposed the deletion; and the proposed extension existing only on paper. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Molina. 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 N. REGULAR AGENDA: (ITEMS 12 - 13) Corpus Christi Page 9 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 12. 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 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. Mayor Pro Tem Rubio referred to Item 12. Director of Fleet Maintenance Jim Davis stated that the purpose of this item is to appropriate funds to purchase one Peterbilt 320 Compressed Natural Gas (CNG) Recycling Truck to replace a CNG powered recycling truck destroyed by fire. Director of Solid Waste Operations Lawrence Mikolajczyk and Assistant Director of Financial Services Kim Baker were available to respond to questions. There were no comments from the public. Council members and staff discussed the following topics:the purchase of the new2012 unit; a future discussion on the funds generated by the recycling program and the cost to operate the program;whether the destroyed CNG recycling truck was insured and how much the City will receive from insurance claim; and the process for purchasing through the Texas Local Government Purchasing Cooperative dba Buyboard. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Vaughn. This Ordinance was passed and approved on one reading 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: 031112 13. 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. Corpus Christi Page 10 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 Mayor Pro Tem Rubio referred to Item 13.Assistant Director of Planning and ESI Daniel McGinn stated that the purpose of this item is to adopt the London Area Wastewater and Storm Water Master Plans. Mayor Pro Tem Rubio called for comments from the public. Carolyn Moon, 4902 Calvin, asked whether the London area master plans were included in the discussion regarding the building of sewer plants. Mr. McGinn confirmed that the London area master plans are part of the wastewater consolidation plan. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on second 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 Enactment No: 031113 L. RECESS FOR LUNCH Mayor Pro Tem Rubio recessed the Council meeting at 1:30 p.m. Mayor Pro Tem Rubio reconvened the Council meeting at 2:05 p.m. H. BOARD &COMMITTEE APPOINTMENTS: 3. Airport Board Animal Care Advisory Committee Transportation Advisory Commission Mayor Pro Tem Rubio returned to the discussion regarding the appointments to the Airport Board. City Secretary Huerta stated that staff has confirmed Jon Reily's residential address and the work address listed in Austin, Texas is his employer's regional office; Mr. Reily works from his residence. A council member requested that the board applications be modified to include the reason individuals are interested in serving on boards. Airport Board Jon Reily was appointed with Council Members Garza, Smith, Guajardo, McComb, Molina and Hunter voting for Jon Reily and Council Members Rubio and Vaughn voting for Eric J. Cantu. O. FIRST READING ORDINANCES: (ITEMS 14 - 18) 14. 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 Corpus Christi Page 11 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 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. Mayor Pro Tem Rubio referred to Item 14. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a grant from the Attorney General for the Internet Crimes Against Children (ICAC)Task Force program in the amount of$10,150 for the purchase of computer equipment. 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 15. First Reading Ordinance -Accepting and appropriating Grant funds for the Homeland Security Grant Program (HSGP) 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. Mayor Pro Tem Rubio referred to Item 15. Deputy Fire Chief Richie Quintero stated that the purpose of this item is to accept and appropriate four 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. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Vaughn. 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 16. First Reading Ordinance -Accepting and appropriating Insurance Claim Payments for Golf Fund Corpus Christi Page 12 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 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. Mayor Pro Tem Rubio referred to Item 16. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to approve the appropriation of insurance claim payments received for the Golf Cart Barn at Oso Golf Course. There were no comments from the public. Council Member Hunter announced that he was abstaining from this item. In response to a council member, Mr. Ellington stated that the cart barn and the equipment housed inside the barn were insured. Council Member McComb made a motion to approve the ordinance,seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Garza, Council Member Guajardo, Council Member McComb, Council Member Molina, Council Member Rubio, Council Member Smith and Council Member Vaughn Abstained: 1 - Council Member Hunter 17. 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. Mayor Pro Tem Rubio referred to Item 17. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to exempt the property owners from paying wastewater lot and acreage fees as allowed by the Unified Development Code. Mr. Dimas provided an overview of existing wastewater infrastructure and stated that Planning Commission and staff are in favor of the waiver. There were no comments from the public. Council members and staff discussed the following topics:whether property owners would be required to pay the fees if interested in tying into the system in the future and the cost to tie into the system. Council Member Garza 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: 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 Corpus Christi Page 13 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 Abstained: 0 18. Public Hearing and 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 requiring the owner, Del Mar College, to comply with the specified conditions. Mayor Pro Tem Rubio referred to Item 18. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate two portions of an existing utility easement to allow Del Mar College to construct a new educational facility on the lot. 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 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 P. FUTURE AGENDA ITEMS: (ITEMS 19 - 21) Mayor Pro Tem Rubio referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 19 and 21. 19. 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. Corpus Christi Page 14 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 This Motion was recommended to the regular agenda. 20. 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. This Resolution was recommended to the consent agenda. 21. 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. This Motion was recommended to the regular agenda. Q. BRIEFINGS: (NONE) R. LEGISLATIVE UPDATE: None. S. EXECUTIVE SESSION: (ITEMS 22 - 25) Mayor Pro Tem Rubio referred to the day's executive sessions. The Council went into executive session at 3:30 p.m. The Council returned from executive session at 6:01 p.m. 22. 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. Mayor Pro Tem Rubio referred to Item 22 and the following motion was considered: Motion to authorize the City Manager to execute a professional services agreement with McKibben, Martinez,Jarvis &Wood, L.L.P.for the defense of Corpus Christi Police Officers in Mary Zuniga v. City of Corpus Christi et al lawsuit in an additional amount not to exceed $70,000. Corpus Christi Page 15 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 Council Member Smith made a motion to approve the motion, seconded by Council Member Vaughn. This Motion was a 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: M2017-054 23. 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. This E-Session Item was discussed in executive session. 24. 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). This E-Session Item was discussed in executive session. 25. 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 Corpus Christi Page 16 Printed on 4/14/2017 City Council Meeting Minutes April 11,2017 which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. T. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor Pro Tem Rubio referred to Identifying Council Future Agenda Items. MOTION OF DIRECTION Council Member Molina made a motion directing the City Manager to bring back the Request for Proposal (RFP) regarding the New Orleans Pelicans considering a coast city for a NBA Development League team for review, seconded by Council Member Hunter and passed unanimously. U. ADJOURNMENT The meeting was adjourned at 6:07 p.m. Corpus Christi Page 17 Printed on 4/14/2017 CorCorpus Christi 1201 Leopard Street p Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Workshop Session Wednesday, March 22,2017 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 3:06 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 Greg Smith arrived at 3:17 p.m. C. BRIEFINGS TO CITY COUNCIL: 1. City of Corpus Christi - Financial Forecast Mayor Pro Tem Lucy Rubio referred to Item 1. City Manager Margie C. Rose provided opening remarks regarding the Financial Forecast and introduced Director of Financial Services Constance Sanchez who presented information on the following topics: council identified priorities of Water, Streets, Economic Development and Other Needs; current financial standing in the General, Special Revenue, Internal Service and Enterprise Funds; 5-Year Pro Corpus Christi Page 1 Printed on 4/12/2017 City Council Workshop Session Meeting Minutes March 22,2017 Formas for the General and Combined Utilities, Water,Wastewater, Gas, and Storm Water Funds. Council members and staff discussed the following topics: water rate trends; the effect on revenues of increasing water rates; encouraging citizens to use water and associated revenues; and reviewing/adjusting the City's drought contingency plan in light of the City's current water supply and associated revenue issues; and the City's various water sources. Director of Financial Services Sanchez continued her presentation, discussing the following items: Debt,to include: City Debt Policy, Total Outstanding Debt, Comparatives with other Texas cities, General Obligation Bonds-Debt Capacity, General Obligation Outstanding Debt, Voter-Approved Capacity for Residential Streets, General Government Capital Needs, Utility System Debt Capacity, Utility System Outstanding Debt, Capital Improvement Program(CIP) Cash Balances, and Reprogramming of Utility Capital Improvement Program Funds; Utility System Capital Needs; and Next Steps to include: Proposed Bond 2018, Wastewater System, and Utility Rate Model Discussion in April 2017. Executive Director of Public Works Valerie Gray presented the following information: bond program summary from 2004 through 2016 and consolidation of all bond 2012 and 2014 street improvement projects. Council members and staff discussed the following topics: potential for future bonds and associated projects to be funded; raising property taxes for street repairs; use of Type B funds for street repairs;the City's financial advisor; taking a"fresh look" at the City's debt; how the City's current financial advisor, M.E.Allison,was selected; and re-procuring the City's financial advisor. MOTION OF DIRECTION Council Member Vaughn made a motion of direction directing the City Manager to competitively re-procure the City's financial advisor,seconded by Council Member Molina and passed unanimously. Council members further discussed the following topics: language to be used when issuing bonds relating to increased taxes; and city staff providing city council with projections of the street repairs that can be completed without and with a property tax increase at various levels; and the potential dollar amount of Bond 2018. D. ADJOURNMENT The meeting was adjourned at 4:37 p.m. Corpus Christi Page 2 Printed on 4/12/2017 SC o� Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of April 11, 2017 1852 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(a-).cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2 a(-).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. DEPARTMENTALCLEARANCES: 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 vivvwAMSg�o _ .. x • - � fir. t. , �• �i� -1-Scries Toilet Trailers Mp "IM h Vr r• r � f �• _ - Ft'S.' 4 * f;` •w' +.716 3, i,. t , SC G� Off' H v SUPPLY AGREEMENT NO. 1122 NQRPORAI' 1852 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 Page 1 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 2 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 3 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 4 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 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 Page 5 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 6 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 SUPPLIER Signature: Printed Name- Title- Date- CITY ame:Title:Date:CITY OF CORPUS CHRISTI Signature: Printed Name- Title- Date- Attached ame: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 Page 7 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 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. 37,07364,9IX] O 78'k24•radiusRH � '4h1�,_Ilyl 484'radius LH s Q 32'k4g•lop hinge �GL09AL [S} 48^x24•radius RH Q 78'16'radilsRH Omega 20 ADA 3ST o 0 78'�Q4'radius LH 2010 Solar &7.6N.35.5' radius LH 0 0 0 23 c) I �i 91 1 CD 7a.u4 1E 2010 Retr ADA compliant 2Wy Retrac� torque ble 8 Lewers bo ground Electric over Hydraulic[ksk®rakes No power required 600amp Solar array 3 Jets- Marine Toilets&'VOD-UltrrTa Vacuumarator- N 35 500 gallon waste tank capacity app_2804 flushes 5-0' 350 gallons fresh water storage app_2844 flushes R 4 Trojan AGM Batteries 8 45 amp 120 vac charger 254 Dusk fill dawn LED igkfing Wall hung firdunes All dispensers Stainl: Steel Uses loss tinea a quad per flush a Qo 6 solar ventilators 8 auto doer closers Gaily Duty C-r'ae 1440 flushes or more Thais 8 hours @ 3 flushes a minute Autu rvatic Electric Leveling Jades 16,400 Ib max o 0,0W pound retrauti le suspension --— f 7.5 x s_75 Radial Tires 16 ply GWG lb ea I 8 Handrails Container Shipable 62 units to 40'containM Tm v:os e.—f� ,.1. All molal and camposila construction I I w.e rime rs-t.�r —e LED 511,000 hour bum lighting and trailer lighting __ —— a�a�ig�, —P° Liquefies all waste paper and hygienio productsMUU -$.� Top HekJrt 3E'alive R3trDrm Set[Pumping to Suver Tap over 100 feet w110'head Trwae r&atrdama ary aeatgned to-1)8 eo-rnpuaht with alt affreat grddellnee m we are ewer&01_Many guldeltnes CUfl MW have gay areae and pointe open to hterprvWon.tSlRarent �ade&ecaets dAU.S.Glohal lnc.6y aWep&g po&aa�Jm d the tlonrrer7l Le antltles may have dlttemd Intarpmtatlons or local rec"ent�h nye,oopes�or any rye d 1s rbaa�q u 11V OTerenme.We auggeet gatting approvals e1 final plans I "mmon amtdned Iureh aeipl as attllerized by ANS.C"a 7rc.aA( hEr kin the awtho rltlse In the local the unit veil he placed agrem to aae t�Iiia rlo='e rl old intim In In hies.Global ft.Wan�� Approved by whvAMSgkkal.us (877)7-1213 Gap right MI A.M.Global Im AN rVtr r®ew:d 3 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 AMSVk A.M.S.GL€1BAL,INC. Llc3t 75 CR 3303 GLOBAL DEKALB,TEXAS 7555! Date 31 /0313354 Name f Address CS[y of Capri Christi Capes C ffm Teas .Rep "Ed 7rIT Imm Description Qty TOW fOMMADA=20.... OM 2OADA35T Sala€Resnaom.Tmilar - 279.469.44 Ezwdu.6#6 ahmmmi exmrmr cdar of chaKe 1014 ADA rampliam RRiu mbk tonne&hoer w 1he gond EIKb3c over u,.dTauLu disk braes No goer regwM 640 AIdP sales mw Uses his d an a quart per f U Self pnnmpiug to sewer ap o 1D3 fRE4 vU r head 3 An Marne Ta4et;dr VOD ULTMA Vaam�a SOU G waste took cgaatg appmmmab*2NO dhtshes 35D G flesh enter swage appiaumab*29M Haibes (5}Rgjan AGM Bahnsies&45 AMP r 120 Vac rharee Dusts hll dawn LID lig wall hung fisbues M solar vMLIffw s Amo&wdosw Dw 1y dMy ryde 1946 fhsshosmose Automatic ela=k%eImg j&dk 16.M Ib mess 10,OU0 k MCK1RbLe RUP= 17.5 s 6.75 radial trtes 16 p1y 6044 lb ea AR mel and cam mshe runes ucten IED 5D,"hr bun li-etrrtng and umkff lase MDAIXA ADA kiodvle:lets Mum mmkss s<ed wiLbmg wilet,ALA 1 0.64 sraioh�srel call hang sink s�iulass s2Te]gab ra€]i smmless peel tiss pJ?er wweL soap,hashrnep ce andmoor MD2 Uoisex:lets Maim stares steel man btmg toiA.s-inlstae3 2 O.U4 wall h mg imk with metered fait.;Malas;stez paw romL tis�,soap disceraser,nosh x grade.and minim 2I);L5T06145S CVS Job Stwm s Steel Touet wall mourned 12 14,40D.40 0000 C vam.nd deck 4 3.6fIU.0G 0000 Smmless steel wall mmmted ADA sick 9 LaDD.00 OD00 Sbsml sh wall hung smk staudsd m 8 1,20D.40 0000 Stsmlr� sl w mums m iesrioom cube 12 1,20U.00 QHAARFteigltr Fright m Coiyu Chnm(4)ma s non dup U0 Q as 34 days Tota s342,669.U4 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. ("AMS 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 ,M S Quality ASaurtiC j �AMSgIoh�I.U�� JJ og I J-SEriEs TnilE# Trail€r By AMS Global Inc.. GLl7BAL Ms Regardless of which model/brand 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; (1 a) 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 Challenger Door C �a 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: Dear Valued Customer, 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: warrantvna challenaerdoor.com Fax: (574) 773-0474 By signing this 1 acknowledge that 1 have received a copy of the warranty statement of Challenger Door and agree to the terms therein. 1 agree that 1 am the responsible party for my company to distribute this statement to the necessary parties within my company. 1 also agree by signing this that 1 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 �G� 4 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 Warrantygchallengerdoor.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,LLCpursuant 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 MER CHANTABILITY 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 PRIORCHALLENGER Part replaced Time Part Return Picture Required CONTACTAllowed YES-WITH Entry Door Latch 0.2 HOURS 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 UPON Entry Door Window 0.3 HOURS REQUEST �YES������ UPON Hinge Replacement-WHOLE DOOR 1 HOUR REQUEST YES YES UPON GasStrut 0.1 HOURS REQUEST NO YE UPON Complete Entry Door 1 HOUR REQUEST YES YES Complete Screen Door 0.2 HOURS NO YES YES Entry Door Seal 0.5 HOURS NO YES YES UPON Complete Entry Door with Graphics 1.25 HOURS REQUEST YES YES UPON Complete Entry Door with Paint 2.5 HOURS REQUEST YES YES 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 IS 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 PRIORCHALLENGER Part replaced Time Part Return Picture Required CONTACTAllowed UPON Complete Plain Ramp/Patio Door A 1 HOUR REQUEST YES Complete Ramp/Patio Door Minor UPON Graphics 1.5 HOURS REQUEST YES YES Complete Ramp/Patio Door Major T UPON Graphics and/or Paint 2.5 HOURS REQUEST YES YES 0.25 HOURS Ramp/Patio Springs 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 CHALLENGER Part replaced Time Part Return • • Picture Required Allowed CONTACT Bunk Door Seal 0.5 HOURS NO YES YES UPON Complete Tent Door Minor Graphics 1.25 HOURS REQUEST YES YES UPON Complete Tent Door Paint 2.5 HOURS REQUEST YES YES UPON Tent 1 HOUR REQUEST YES YES Flat Rate for Compartment Doors CHALLENGER Time PRIOR —Part replaced Allowed Part Return CONTACT Picture Required UPON Complete Compartment Door 1 HOUR REQUEST YES YES Complete Compartment Door with UPON Graphics 1.5 HOURS REQUEST YES YES UPON Complete Compartment Door with Paint 2.5 HOURS REQUEST YES YES 0.2 HOURS Compartment Door Latch Each NO NO YES Compartment Door Seal .5 HOURS NO YES YES Compartment Door Core with Hinge only UPON (extruded) 0.2 HOURS REQUEST YES YES http://www.youtube.com/user/ChallengerpoorLLC/videos Challenger Door Limited Warranty Statement Page 3 of 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-180404 A.M.S.Global Inc. DeKalb,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03120/2017 being filed. Date Acknowledged: 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 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary A.M.S.Global DeKalb,TX United States X 5 Check only if the@j�Party. ❑ 6 AFFIDAVITy 1 swear,or affirm,under p alty of perjury,.that the above disclosure is true and correct. s A OF�ci4�, r J ��i •. ,�' PES• `��•• /jL/ � Si nature of authorized agent of contracting business entity "r►llf�1111 lli�" AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the saidy / ,this the u y of . 20 ,to certify which,witness my hand and seal of office. MVA Signatu 0 f officer admi ister' ath 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 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. Sincer Tim Blevins President AMS GLOBAL INC./75 CR 3303 De Kalb,TX 75559/phone:888.574.4222/fax:903.667.2515 se O A. F v AGENDA MEMORANDUM Public Hearin and First Reading for the Cit Council Meeting of April 11, 2017 1852 9 9 Y 9 p 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 DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital •Not applicable Project to Date Fiscal Year: 2016- Expenditures Current 2017 (CIP only) 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\Ordinance_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.Picba 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 comer 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 comer 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 corner of this 1.615 acre tract of land; Thence: N 00'00' 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 comer 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 corner 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 comer 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. OF Written By: 5;�� # fd•$ Horacio Oliveira,RPLS#1415 •.•.'••'•''.•..'. HORACIO OLIVEIRA + 1415 I,� 3uAo 0 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 i Aerial Overview N qk. Subject Property - 4 — Vidiinity Map \ Subject 3 « It - . ma, . w�\�} . » � w , ^ ■` ~' , . .e . . PLANNING COMMISSION FINAL REPORT Case No. 0217-01 INFOR No. 17ZN1000 Planning Commission Hearing Date: February 9, 2017 Owner: Carlos and Rhonda Garcia Applicant/Representative: Tradewinds Consulting Group Legal Description/Location: Being a 1 .615 acre tract out of the original •Q Q• 58.07 acre tract out of State Land Survey 416, Land Script No. 962, also E 06 w being known as the F.J. Picha Tract, Corpus Christi, Nueces County, o Texas, located on the east side of Rand Morgan Road, between Good- Night Loving Trail and McNorton Road. y From: "FR" Farm Rural District To: "RE" Residential Estate District N Area: 1 .615 acres Purpose of Request: To allow for the construction of a single-family dwelling. Existing Zoning District Existing Land Future Land Use Site "FR" Farm Rural Commercial Medium Density c� Residential Medium Density . ? North "RS-6" Single-Family 6 Vacant Residential o NMedium Density J South "RE" Residential Estate Vacant Residential • East "RS-6" Single-Family 6 Low Density Medium Density Lu Residential Residential West "RS-4.5" Single-Family 4.5 Vacant Medium Density Residential Area Development Plan: The subject property is located within the 06 y boundaries of the Port/Airport/Violet Area Development Plan and is planned 2 o for Medium Density Residential uses. The proposed rezoning to the "RE" Residential Estate is consistent with the adopted Future Land Use Map and a 0 the Port/Airport/Violet Area Development Plan. Q Map No.: 058046 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 166 0 feet of street frontage along Rand Morgan Road (FM 2292) which is y designated as a proposed "A2" Secondary Arterial Divided street. c� L Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Plan Section Section Volume 0 - Type N Rand `°A2" Secondary 100' ROW 100' ROW 7,451 ADT (FM 22922)) Morgan Arterial Divided 54' paved 45' paved (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. PlanCC & 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 PlanCC 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 Number of Notices Mailed — 13 within 200-foot notification area r_ 2 outside notification area 0 As of February 3, 2017: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 0 inside notification area a — 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 LACE R:\CLIENTS\OURRILL, WILUMI R. - 634\16014-1 - Survey of 4.0 Acre Tract and 1.7 Acre Trod - 100 South Pod,. 7014114CVADVONIND E24180-100 SOUTH PADRE, 6WCK 3, LOT 62.709 CM DATE: 15 FEB 2017 TIME: 9:55 SH 358 (SOUTH PADRE ISLAND DRIVE) 0 Da 03 079 22 N 40°50'16" W 149.45' z 00 3 .1S,00.131. 310YL 3ANN3 ALN3dOtid M .1.1.,g0S4 N 174 60' VIEW EASEMENT (BY SEPARATE INSTRUMENT) 0 20' Y.R. \ 10 U.E. -----Z1-..-- ,,,. N.. C7 -... \ ----........,„ N N to (71 0 S 405015 E 1 0 01 q1 'o. NN 15' U.E. „ DOC# 1999051218 \ N co 14 5. \ / \ / N / N / N \ / \ / N 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 First Reading for the City Council Meeting of April 11, 2017 Second Reading for the City Council Meeting April 18, 2017 DATE: March 22, 2017 TO: 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 (C1, 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 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 Public Hearing and First Reading for the City Council Meeting of April 18, 2017 Second Reading for the City Council Meeting of April 25, 2017 DATE: March 29, 2017 TO: Margie C. Rose, City Manager FROM: Julio Dimas, CFM, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for Property at 4325 South Padre Island Drive (State Highway 358) CAPTION: Case No. 0317-05 Vishal Hotel, LP: 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 Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway. PURPOSE: The purpose of this item is to rezone the property to allow development of a hotel. RECOMMENDATION: Planning Commission and Staff Recommendation (March 22, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Vote Results For: 5 Against: 0 Absent: 3 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 for the development of a hotel. The property to be rezoned is consistent with the Future Land Use Plan's designation of the property as commercial. It is Staffs opinion, that the requested rezoning will be consistent with the zoning along South Padre Island Drive (State Highway 358). ALTERNATIVES: 1. Approve with Conditions. 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Future Land Use Map and is supported by goals in Plan CC. 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 Vishal Hotel, LP ("Owner"), by changing the UDC Zoning Map in reference to Byron Willis, Block 2-A, Lot I, less a portion to right- of-way, 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 Vishal Hotel, LP ("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 22, 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 18, 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 Vishal Hotel, LP ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning to Byron Willis, Block 2-A, Lot I, less a portion of right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway (the "Property"), from the "IL" Light Industrial District to the "CG -2" General Commercial District (Zoning Map No. 045037), as shown in Exhibit "A". Exhibit A, which is a map of the property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. 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. 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\Legistar\2017 CC Agenda Items\4-18-2017\Zoning\0317-05 Vishal Hotel, LP\Ordina nce_0317- 05 Vishal Hotel, LP.docx Page 2 of 2 Date Created: 3/2/2017 Prepared By: JeremyM Department of Development Services CASE: 0317-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -i 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 Resort Commercial CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP 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 -4.6 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 S LOCATION MAP Exhibit A Aerial Overview Vicinity Map Aerial Map t N PLANNING COMMISSION FINAL REPORT Case No.: 0317-05 Infor No. 17ZN1009 Planning Commission Hearing Date: March 22, 2017 Applicant & Legal Description Applicant/Representative/Owner: Vishal Hotel, LP Location: 3525 South Padre Island Drive (State Highway 358) Legal Description: Byron Willis, Block 2-A, Lot I, less a portion to right-of-way, located on the south side of South Padre Island Drive (State Highway 358) between Oakhurst Drive and Flynn Parkway. Zoning Request From: "IL" Light Industrial District To: "CG -2" General Commercial District Area: 1.63 acres Purpose of Request: To allow for the construction of a hotel. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Commercial Commercial North Highway Highway Highway South "CG -1" General Commercial Commercial Commercial East "CG -2" General Commercial Commercial Commercial West "IL" Light Industrial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for commercial uses. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Plan CC Future Land Use map. Map No.: 045037 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. Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Padre«F1„ Island Drive (Highway 358) Freeway/Expressway 400' ROW varies paved 250' ROW 225' paved 39,350 ADT (2015) 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 1.63 acres and is proposed to be developed as a hotel. Existing Land Uses & Zoning: The subject property is zoned "IL" Light Industrial. To the north is South Padre Island Drive (State Highway 358). The property to the west has a commercial use of a hotel and is zoned "CG -2" General Commercial District. To the east are two properties zoned "IL" Light Industrial. The two properties consist of Academy Window Coverings and Cracker Barrel Old Country Store, both commercial uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is platted. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "CG -2" General Commercial District is consistent with the adopted Southside 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 major streets can be encouraged. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is compatible with PIanCC and the Southside Area Development Plan. The proposed rezoning is also compatible with neighboring Staff Report Page 3 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 22, 2017): Approval of the change of zoning from the "IL" Light Industrial District to the "CG -2" General Commercial District. Vote Results: For: 5 Opposed: 0 Absent: 3 a Notification Number of Notices Mailed — 8 within 200' notification area; 5 outside notification area As of March 21, 2017: In Favor In Opposition For 0.00% in opposition. — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Returned Opposition/Support (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2017\0317-05 Vishal Hotel, LP\Council Documents\0317-05 CC Report Vishal Hotel, LP.docx SUBJECT j PROPERTY CG -2 Dare Created: 311!20171 Prepared By: JeremyM Department of Development Services CASE: 0317-05 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 -4.5 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 flSubject Property O Owners w th 200' buffer in favor 4 Owners within 200' listed on Vj Owners attached ownership table A in oppositbn _ R' r� E rimer = City of Corp us LOCATION MAP Christi 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: 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 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 18, 2017 Second Reading Item for the City Council Meeting of April 25, 2017 DATE: April 7, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Accept and Appropriate Donations for the Dog Park at Bayshore park CAPTION: Ordinance authorizing the City Manager or designee to execute a donation agreement with the Coastal Bend Community Foundation and accept $51,000 in donated funds from the Coastal Bend Community Foundation; authorizing the City Manager or designee to execute a donation and naming agreement with the Vishal Raju Bhagat Foundation and accept $75,000 in donated funds from the Vishal Raju Bhagat Foundation; appropriating $126,000 in the No. 4720 Community Enrichment Fund for construction of a dog park at Bayshore Park; and naming the dog park the "Vishal Bhagat Dog Park." PURPOSE: Accept donation from the Vishal Raju Bhagat Foundation and Coastal Bend Community Foundation for the construction of the dog park at Bayshore Park. Also, to approve the naming of the dog park for the Vishal Bhagat Dog Park. BACKGROUND AND FINDINGS: The initial scope of the Bayshore Park improvement project did not include the construction on the project due to budget constraints and the need to upgrade basic infrastructure with in the project. However, during stakeholder meetings the most common element request to be included in the project was a dog park. Two foundations in the community have come together to help the City meet the demand for a dog park on the bayfront. The Coastal Bend Community Foundation is gifting/donating $51,000 for the dog park and stipulates the gift will be credited to the Vishal Raju Bhagat Foundation gift. The Vishal Raju Bhagat Foundation is gifting/donating $75,000 for the construction of the dog park at McCaughan Park. Coupled with the donation from the CBCF, the total gift of $126,000 exceeds the 51% of the cost/value of the dog park (estimated at $161,000). The Foundation has requested the park be named the Vishal Bhagat Dog Park in honor of the namesake of the foundation and who was an avid advocate for dogs. The Park Naming Policy states the Parks and Recreation Director may seek potential naming rights for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights require City Council Approval. The policy also states that persons donating at least 51 percent of the value of the park, facility or amenity can have the opportunity to name the facility. The Parks & Recreation Advisory Committee ("PRAC") considered this request at their April 12, 2017 meeting at which time they voted to approve the request to support the naming of this park as Vishal Bhagat Dog Park. ALTERNATIVES: Do not accept the donations OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must accept and appropriate the donation of funds for expenditure. This recommendation also conforms to the Park Naming Policy. City Council must approve the names of park amenities via council action. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $126,000 $126,000 Encumbered / Expended Amount This item BALANCE $126,000 $126,000 Fund(s): Community Enrichment 4720 -21323-141 Comments: RECOMMENDATION: Accept and appropriate the donations from the Coastal Bend Community Foundation and the Vishal Raju Bhagat Foundation for the construction of the dog park at McCaughan Park in Bayshore Park. Approve the name of the dog park as Vishal Bhagat Dog Park. LIST OF SUPPORTING DOCUMENTS: Ordinance Vishal Bhagat Foundation_Dog Park Agreement Coastal Bend Community Foundation_Dog Park Agreement ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DONATION AGREEMENT WITH THE COASTAL BEND COMMUNITY FOUNDATION AND ACCEPT $51,000 IN DONATED FUNDS FROM THE COASTAL BEND COMMUNITY FOUNDATION; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DONATION AND NAMING AGREEMENT WITH THE VISHAL RAJU BHAGAT FOUNDATION AND ACCEPT $75,000 IN DONATED FUNDS FROM THE VISHAL RAJU BHAGAT FOUNDATION; APPROPRIATING $126,000 IN THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR CONSTRUCTION OF A DOG PARK AT BAYSHORE PARK; AND NAMING THE DOG PARK "VISHAL BHAGAT DOG PARK." WHEREAS, the Coastal Bend Community Foundation and the Vishal Raju Bhagat Foundation would like to donate funds to enable the City to construct a dog park at Bayshore Park; WHEREAS, the donation from the Coastal Bend Community Foundation is made on behalf of the Vishal Raju Bhagat Foundation; WHEREAS, the $126,000 to be donated by and on behalf of the Vishal Raju Bhagat Foundation makes up approximately 78% of the cost of the development of the dog park at Bayshore Park; WHEREAS, the Parks & Recreation Advisory Committee ("PRAC") considered this request at their April 12, 2017 meeting at which time they voted to approve the request to support the naming of this park as Vishal Bhagat Dog Park; and WHEREAS, City Council Policy 6A provides that upon donation of at least 51% of the value of park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not been specifically named in honor of a person, group or event; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute a donation agreement with the Coastal Bend Community Foundation and accept a donation in the amount of $51,000 to be used for the construction of a dog park at Bayshore Park. Section 2. That the City Manager or designee is authorized to execute a donation and naming agreement with the Vishal Raju Bhagat Foundation and accept a donation in the amount of $75,000 to be used for the construction of a dog park at Bayshore Park. Section 3. That, upon receipt of the funds, the $126,000 shall be appropriated in the No. 4720 Community Enrichment Fund for the park improvements at Bayshore Park, specifically the construction of a dog park. Section 4. That the dog park at Bayshore Park is named the "Vishal Bhagat Dog Park." 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 Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary Gift Agreement between the City of Corpus Christi and the Coastal Bend Community Foundation Whereas, the City of Corpus Christi is in the process of upgrading Bayshore Park; Whereas, the Coastal Bend Community Foundation desires to donate funding to be used by the City of Corpus Christi for the construction of additional improvements at Bayshore Park; Now therefore, this Gift Agreement (the "Agreement") is made by and between the City of Corpus Christi ("City") and the Coastal Bend Community Foundation, ("Donor"), and the parties mutually agree as follows: 1. Donor hereby agrees to gift to the City the amount of $6.1000.est("the Gift") no later than 30 days after signing this agreement for the sole purpose of construction of improvements at Bayshore Park. 2. Donor acknowledges that timely receipt of the Gift by the City is required in order to accommodate the construction schedule for the improvements at Bayshore Park. 3. All interest that accrues on the Gift shall be used solely by the City for improvements at Bayshore Park. 4. The City agrees to accept the Gift from the Donor, which will be utilized solely on improvements to Bayshore Park, specifically the construction of a doq park. 5. Any portion of the Gift not disbursed by the City two years from the date of this Agreement will be refunded to the Donor. 6. The City and Donor agree that this gift will be credited to the Vishal Raju Bhagat Foundation as a portion of the gift to be provided by that foundation, under a separate agreement, to be used for the same improvements. 6. This Agreement cannot be assigned, modified or amended unless both parties mutually consent in writing, executed by representatives of each party. Copies of this agreement are as legally effective as the original. CITY OF CORPUS CHRISTI COASTAL BEND COMMUNITY FOUNDATION Valerie H. Gray, P.E. Date Executive Director Public Works Title Fres; .icnt i GED -i!ew,r-M. de64.1-› Name i:el^srW. SO UM APPROVED AS TO LEGAL FORM Assistant City Attorney Date RECOMMENDED Stacie Talbert Anaya Date Interim Director of Parks and Recreation 40 /.10/1 1 Date DONATION AND NAMING RIGHTS AGREEMENT FOR CITY DOG PARK AT BAYSHORE PARK This Donation and Naming Rights Agreement ("Agreement") is entered into as of 111(,( (1q , 2017 by and among Vishal Raju Bhagat Foundation ("Sponsor"), and the City of Corpus Christi, Texas, ("City"), concerning a City dog park to be constructed at Bayshore Park. WHEREAS, City owns, operates, and leases the park and improvements known as the Bayshore Park, approximately 1 acre, located at 802 S. Shoreline Blvd., Corpus Christi, Texas, for various recreational, civic, cultural, sports, and other events and activities; and WHEREAS, the City is constructing a new dog park to be located at the Bayshore Park, referred to in this Agreement as the "Dog Park"; Park; WHEREAS, Sponsor desires to contribute funds towards the construction of the Dog WHEREAS, City Council Policy No. 6(A) provides that upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person, group, or event; WHEREAS, City Council Policy No. 6(B)(2) provides that the Parks director or designee may seek potential naming rights with contractual compensation for new parks or facilities where the potential exists and is deemed appropriate subject to City Council approval; WHEREAS, City desires to grant certain naming rights for the Dog Park to Sponsor and Sponsor desires to acquire said naming rights from City, pursuant to the terms, conditions and covenants herein contained and for the stated consideration: NOW, THEREFORE, in consideration of the terms, conditions and covenants herein contained, the parties agree as follows. 1. Sponsor Funding for Dog Park. Sponsor agrees to provide seventy-five thousand dollars ($75,000) on or before July 15, 2017, which will be used by the City towards construction of the Dog Park. Additional funds in the amount of $51,000 will be provided to the City by another donor, under a separate agreement, on Sponsor's behalf. 2. Designated Name for City Dog Park at Bayshore Park. In consideration of Sponsor's financial contribution for the Dog Park, and in accordance with applicable policies, laws, and regulations, the parties agree that the Dog Park name shall be "Vishal Bhagat Dog Park", which shall be referred to in this Agreement as the "Designated Dog Park Name". City agrees to use reasonable efforts to identify the Designated Dog Park Name in all official 2 documents that include references to the Dog Park. Occasional immaterial failures to use the Designated Dog Park Name shall not be deemed to be a breach of this Agreement. 3. Licenses and Approvals. Sponsor warrants and represents to City that it has obtained all necessary licenses and approvals for the Designated Dog Park Name. Sponsor transfers its ownership interest in the Designated Dog Park Name to City. Sponsor hereby licenses City to use the Designated Dog Park Name and to subcontract others to manufacture products incorporating or bearing the Designated Dog Park Name. All such products may be used, consumed, given away, sold or held for sale by City or their agents or sub -licensees. This license shall be an exclusive license to City. City shall own all right, title and interest in the Designated Dog Park Name. City shall not be obliged to pay or to cause any sub -licensee to pay any royalty or other fee to Sponsor with respect to any use of the Designated Dog Park Name. 4. Termination/Remedies for Failure of Sponsor to Pay Amounts Due. In the event Sponsor fails to pay to City when due any sum required by this Agreement, and Sponsor shall fail, for a period of thirty (30) days following receipt of written notice from City specifying such default, to cure such default by payment of the amount due, City shall have the right to (i) terminate this Agreement upon the expiration of the cure period, (ii) remove immediately any advertising or display signage with the Designated Dog Park Name at the expense of Sponsor, and (iii) assert any and all other remedies which City may have at law or in equity. 5. Assignment. The rights and obligations of Sponsor under this Agreement may not be assigned by Sponsor without the prior written consent of City Manager. In connection with any such permitted assignment, Sponsor shall provide to City sixty (60) days prior written notice of the proposed assignment and shall require the assignee to execute an assignment agreement in such form and content as reasonably acceptable to City. 6. Notices. Unless otherwise specified herein, any notice required or permitted under this Agreement shall be deemed sufficient if given in writing and personally delivered, sent by overnight express delivery service, or deposited in the United States mail, postage prepaid, by registered or certified mail (return receipt requested) to the party to whom said notice is to be given. Notices delivered in person, or by overnight express delivery service, shall be deemed to be served effective as of the date the notice is delivered. Notices sent by registered or certified mail (return receipt requested) shall be deemed to be served by close of business on the third business day after the date said notice is postmarked to the addressee, postage prepaid. Until changed by written notice given by one party to the other, the addresses of the parties for purposes herein shall be as follows: CITY OF CORPUS CHRISTI: City of Corpus Christi Attn: Director of Parks and Recreation Department Post Office Box 9277 Corpus Christi, Texas 78469 3 Sponsor: Vishal Raju Bhagat Foundation Attn: Raju Bhagat 3805 Castle Ridge Corpus Christi, Texas 78410 7. Authority. Each of the undersigned by the execution hereof warrants that he/she has full power, authority and legal right to enter into this Agreement on behalf of the party for whom he/she is executing this Agreement and to consummate the transactions contemplated hereby. 8. Term and Governing Law. The City shall operate the Dog Park at Bayshore Park and identify the Dog Park under the Designated Dog Park Name for a guaranteed period of twenty (20) years and for as long thereafter as the City in its sole discretion operates the Dog Park at Bayshore Park, or until Agreement is terminated by the City in accordance with this Agreement. This Agreement shall be governed by and construed in conformity with the laws of the State of Texas. This Agreement calls for performance in Nueces County, Texas, wherein jurisdiction and venue for any dispute arising out of or related to this Agreement shall lie exclusively. 9. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law; but if any provision or the application thereof to any party or circumstance is prohibited by or invalid under applicable law, that provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or the application of such provision to other parties or circumstances. 10. Non -Waiver. No delay or omission of any party to exercise rights or powers under this Agreement shall impair any such right or power or shall be construed to be a waiver of any default. No waiver of any default shall be construed, taken, or held to be a waiver of any other default, or waiver or consent to any further or succeeding default of the same nature. 11. Successors and Assigns. This Agreement and all of the terms and provisions hereof shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective legal representatives, heirs, successors, and assigns. 12. INDEMNIFICATION. Sponsor covenants and agrees to FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS the City of Corpus Christi, Texas and the officials, officers, employees, and representatives of the City, individually or collectively in both their official and private capacities, from and against any and all costs, claims, liens, judgments, harm, damages, losses, expenses, legal fees, fines, penalties, proceedings, actions, demands, causes of action, liability, and suits, of any kind and nature whatsoever that arise out of, result from, or relate to: (1) Sponsor's performance of this Agreement and (2) representations or warranties by 4 Sponsor under this Agreement. Sponsor shall promptly notify City in writing of any claim or demand against City, or any official, officer, employee, representative or volunteer of City or Company or Sponsor related to or arising out of Sponsor's performance or activities under this Agreement. THE SPONSOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS from and against all losses, liabilities, damages (including taxes), and all related costs and expenses (including reasonable attorneys' fees and costs of investigation, litigation, settlement, judgments, interest and penalties) incurred in connection with any action or proceeding threatened or brought against City to the extent that such action or proceeding is based on a claim that any name, logo, signage, written material, or digital or other reproduction provided by Sponsor pursuant to this Agreement and utilized by City or the use or reproduction of any documentation provided by Sponsor infringes any intangible right of a third party, including but not limited to copyright, trademark, trade name or trade secret of any person or entity, which is enforceable under the laws of the State of Texas or of the United States. The provisions of this defense, indemnity, and hold harmless obligation, and any other defense, indemnity, and hold harmless obligation set forth in this Agreement, shall survive the termination of or expiration of this Agreement. 13. Approval by City. Sponsor agrees that this Agreement and all provisions thereof shall be subject to City's approval at City's sole discretion. This Agreement shall not be made valid, final and binding unless approved by the City Council as indicated by authorized signature of City's representative below. 14. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and written or oral agreements between them respecting this subject matter. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed in this Agreement. CITY OF CORPUS CHRISTI BY: Name: Title: Date: SPONSOR: VISHAL RAJU BHAGAT FOUNDATION By: Name: Raju Bhagat Title: President Date: 3 - -2-`) % 7 BASIC DESIG N CRUSHED GRANITE SEGMENTED PANELS CRUSHED GRANITE ADDITIONAL PLANTING 9r► Yit LARGE DOG PARK UO 1V • FLORIDA SABALS 4 DOG WASTE STATION PET FOUNTAIN SMALL DOG PARK SHADE STRUCTURE WITH BENCHES PET FOUNTAIN DOG WASTE STATION FLORIDA SABALS SEGMENTED PANELS', CORPUS CHRISTI 1 BAYSIIORE DOG PARI( 0 GIGNAC I ARCHITECTS BASIC DESIGN OPTION 81111114/1": . . ...... _1„, . - -- • "Sir ... - -.:,-.,--- II* ... ..... ...„.... '19-1.111 . '-t:'''' 1..... 1110.0ikh!.., • ', .,!.,14 01.111, . I • ,,.... - . CORPUS CHRISTI 1 111111SHORE DOG PARK 0 GIGNAC I ARCHITECTS IMPROVED D PTION WATER FEATURE CRUSHED GRANITE ARTIFICIAL LANDSCAPING CRUSHED GRANITE SHADE STRIICTIIRF WITH BENCHES ADDITIONAL PLANTING SEGMENTED PANELS 164 0, o I 1 10 lo °I u LARGE DOG PARK 10 ear Ob SMALL DOG PARK SHADE STRUCTURE WITH BENCHES FLORIDA SABALS FLORIDA SABALS DOG WASTE STATION ET FOUN AIN SEGM ED PANEL 4r ARTIFICIAL LANDSCAPING PET FOUNTAIN DOG WASTE STATION CORPUS CHRISTI 1 BfYSIIORE DOG PARK •GIGNACIARCHITECTS IMPROVED DESIGN OPTION GRASSY KNOLL WITH DOUBLE TREE $36,115 GRASSY KNOLL WITH SINGLE TREE $26,151 SHADE STRUCTURE WITH BENCHES $89,507 •••,�j�111111111 CORPUS CHRISTI 13f1YSIIORE DOG PARK •GIGNACIARCHITECTS • i INNIAINI itt1111191111111111h11111111 rn IaII Ni iY iii!��1111�1111//ll/llDl///%/������ CORPUS CHRISTI 1 1111YSIIORE DOG PARK •GIGNACIARCHITECTS LARGE DOG PARK "EMI NI iF- '....tompww70111 mpg i , 1 ,i IVi 1111,1�1it 111111 '�IIIIIIIIIII,III'.Iiii 11111111lir- CORPUS CHRISTI 1 1311YSIIORE DOG PARK •GIGNACIARCHITECTS SMALL DOG PARK IIIAiII lli IIt WI w r • in onum"r 1 1 I191 �I�����IIIII ��' CORPUS CHRISTI 1 1311YSIIORE DOG PARK •GIGNACIARCHITECTS AGENDA MEMORANDUM First Reading Item for the City Council Meeting of April 18, 2017 Second Reading Item for the City Council Meeting of April 25, 2017 DATE: April 10, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director, Parks and Recreation Department JayEll@cctexas.com 361-826-3460 Rebranding of Bayshore Park Development to The Water's Edge and adding "Veterans' Memorial" to Sherrill Park CAPTION: Ordinance to name and rebrand the Bayshore Park Development along Shoreline Blvd. generally from Furman Ave. to Cooper's Alley to "The Water's Edge", and to rename Sherrill Park as "Sherrill Veterans' Memorial Park" PURPOSE: Approve the name The Water's Edge for the Bayshore Park Development and add the terms "Veterans' Memorial" to Sherrill Park. BACKGROUND AND FINDINGS: In October 2016, the Parks & Recreation Advisory Committee (PRAC) appointed a special task force to review the plans for the Bayshore Park development project. The Task Force is charged with recommending strategies for marketing and activating the park, fee schedules and guidelines for vendors, events and other services, as well as a long-term management/operations of the park. The Task Force consists of the following members: • Paulette Kluge — CVB • Terry Sweeney — DMD • John Longoria — interested resident • John Philipello — Buc Days • Amy McCoy — Buc Days and PRAC member • Doug McBee — Beach to Bay and PRAC member • Al Cantu, Jr. — CCMC4VA (Veterans Committee Chair). Parks & Recreation staff members who participated in the meetings included Stacie Talbert Anaya, Becky Perrin, Joshua Wentworth and Laura Gonzales Jasso. On January 11, 2017 the Bayshore Park Task Force presented recommendations for marketing and activating the park once construction is complete. One of the recommendations included developing a new name for the development that will translate well for marketing efforts and reflect the cultural/geographic significance of the space. The primary name suggested for the development was Water's Edge. If approved, the task force would conduct an outreach campaign to gain consensus on the name and make changes if another viable option floated to the top of the list. PRAC accepted the recommendation and the task force conducted the outreach efforts throughout the months of February and March. Members of the task force met with or made presentations to the following city appointed boards/committee: • Watershore and Beach Advisory Committee • Mayor's Fitness Council • Convention and Visitors Bureau Marketing Committee and Executive Committee • Downtown Management District • Bayshore Park Development Stakeholder meeting • Corpus Christi Mayors Committee for Veterans Affairs (CCMC4VA). The Bayshore Park development stakeholder meeting held with representatives from the veterans groups, Downtown Management District, La Mer condominiums and the Bayshore Park stakeholders group (which included representatives from the Marina Advisory group, the Arts Center, Beach to Bay and the Buccaneer Commission). During the course of the stakeholder meetings it was confirmed that a local developer of a southside development had added a section called Water's Edge. After conversations with the developer and other stakeholders, the task force agreed to add "The" to the recommended name for The Water's Edge to alleviate any confusion. In conversations with representatives from the CCMC4VA group, they were opposed to adding the word "memorial" to any area of the project except for Sherrill Park. Conversations led to the recommendation for renaming Sherrill Park to Sherrill Veterans' Memorial Park. This idea was widely accepted during following stakeholder meetings. Though there were a few suggestions for other names (such as South Beach) the overwhelming majority of stakeholders supported the name The Water's Edge. This name will allow marketing of the development without compromising the names of the existing parks/beaches within the development. McGee Beach, McCaughan Park, Old City Hall Park and Sherrill Veterans' Memorial Park will retain their individual names. The task force made a presentation to the Parks and Recreation Advisory Committee on Wednesday, March 8, 2017 and recommended it pass a resolution recommending City Council name the Bayshore Park development The Water's Edge; and renaming Sherrill Park to be Sherrill Veterans' Memorial Park. PRAC approved the recommendation unanimously. The cost of signage improvements are incorporated into the 2008 Bond Improvements for the development. Once the rebranding effort is approved, the department will begin working with the contractor to develop a signage scheme that incorporates the names. ALTERNATIVES: Do not approve. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This recommendation conforms to the Park Naming Policy. City Council must approve the names of parks via council action. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-17 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: RECOMMENDATION: Pass a resolution recommending City Council name the Bayshore Park development be rebranded as The Water's Edge and adding the terms "Veterans' Memorial" to Sherrill Park making it Sherrill Veterans' Memorial Park. LIST OF SUPPORTING DOCUMENTS: Ordinance The Water's Edge Rebranding Presentation and Exhibit Ordinance to name and rebrand the Bayshore Park Development along Shoreline Blvd. generally from Furman Ave. to Cooper's Alley to "The Water's Edge", and to rename Sherrill Park as "Sherrill Veterans' Memorial Park" Whereas, a special task force composed of representatives from the City Parks and Recreation Advisory Committee ("PRAC"), Convention and Visitors Bureau, Downtown Management District, Buc Days, and the CCMC4VA Committee Chair, and other park stakeholders began meeting in October 2016 to review plans for the Bayshore park development, to be located along Shoreline Blvd. generally from Furman Avenue to Cooper's Alley; Whereas, the special task force presented recommendations to the PRAC for naming and marketing the park once construction is complete; Whereas, the task force made a presentation to the Parks and Recreation Advisory Committee on Wednesday, March 8, 2017, and recommended that the PRAC pass a resolution recommending that the City Council name the Bayshore Park development as "The Water's Edge"; and rename Sherrill park to be "Sherrill Veterans' Memorial Park; and Whereas, the Parks and Recreation Advisory Committee approved the recommendation unanimously; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the park development project formerly referred to as the Bayshore Park Development Project, and the Bayfront area generally bounded by Shoreline Blvd. from Furman Avenue to Cooper's Alley, are hereby to be officially known and renamed as "The Water's Edge". A map depicting the general are of the property to be known as "The Water's Edge" is shown on the attached Exhibit. Section 2. That the park area formerly known as "Sherrill Park" is hereby officially known and renamed as "Sherrill Veterans' Memorial Park". Section 3. The City Council does hereby waive any requirements applicable to the naming of areas of the City. Section 4. This Ordinance takes effect on date of final approval by City Council. 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 City Secretary Mayor Rebranding Bayshore Park Development and Sherrill Park CORPUS CHRISTI PARKS & RECREATION City Council Meeting April 18, 2017 Bayshore Park Project Corpus Chr sti Engineering • Bayshore Park Task Force • Working group appointed by PRAC • Prepared recommendations for PRAC • Plan for activation and operation of park • Parks & Recreation primary • CVB, Buc Days: Special Events • Potential for conservancy • Fee schedule • Re -branding the Park CORPUS CHRISTI PARKS& RECREATION 2 3 BEST PRACTICES FOR REBRANDING WHAT WAS CONSIDERED WHIL CHOOSING REBRANDING OPTIONS CURRENT USE OF THE SPACE FUTURE USE OF THE SPACE LOCATION OF THE SPACE LONGEVITY OF THE NAME SOLID & MEANINGFUL BRANDING MARKETING OPPORTUNITIES AVOID WORDS WITH NEGATIVE CONNOTATION SENSITIVITY TO THE COMMUNITY WHAT'S IN 1 THE SPACE TODAY? PARK MCGEE BEACH PARK BANKS/BUSINESSES ss CREATIVITY TAKES COURAGE 66 HENRI MATISSE 99 THE PATH OF LEAST RESISTANCE WILL NEVER MAKE YOU PROUD K TONY ROBBINS EN POINTE PARK BAYSHORE FUN PLACE HORIZON POINT BAYFRONT PARK SUNRISE POINT ADVENTURE POINT ONPOINT PARK EMBARK PARK SOUTH END GENERATIONS PARK BAYFRONT PANORAMA HARBOR POINT HEROES URBAN PLACE CENTRAL CITY PARK THE PLACE PANORAMA PARK 361 PLACE MEMORIAL PARK BAYFRONTTMCITY ANCHOR POINT URBAN REEF 'ANAROMAPLEDt�MACEPARK SOUTH BANK FRE INDEPENDENCE PARK CENTER SHORE ANCHOR CITY PLACE HARBOR HUB INDEPENDENCE PLACE HORIZON URBAN BEACH PUNTA DEL SOL PAULIE POINT THE HUB LIBERTY PARK CITY REEF 361 ANCHOR BAY LINE PARK souTH BAYFRONT PARK THE GATHERING PLACE SUNRISE SHORES BAYFRONT COMMONS EXTREME FUN PLACE MAKE MEMORIES PLACE BAYSHORE PLAZA PUNTA VISTA EN PO NTE PARK HORIZON POINT BAYFRONT PARK SUNRISE POINT GENERATIIONNST HAMM�P�ARK CENTRAL CITY PARK THE PLACE ADVENTURE POINT ONPOINT PARK SOUTH END BAYrA:.li, HEROES URBAN PLACE PANORAMA PARK BAYFRONTM36�RPLACE CITY ANCHOR POINT W WATER'S H URBAN REEF PANAROMAEDOM PLACEPARK SOUTH BANK FRE INDEPENDENCE PARK CENTER SHORE t n ;n0 ` 'T`' PLACE HARBOR HUB INDEPENDENCE PLACE HORIZON URBAN BEACH PUNTA DEL SOI. PAULIE POINT THE HUB LIBERTY PARK 361 ANCHOR BAY LINE PARK SOUTH BAYFRONT PARK THE GATHERING PLACE SUNRISE SHORES BAYFRONT COMMONS MAKE MEMORIES PLACE BAYSNORE PLAZA PUNTA VISTA Preliminary Art for Logos 40. CORPUS CHRISTI PARKS& RECREATION WATER'S EDGE )46. 11 Sherrill Park 40. CORPUS CHRISTI PARKS& RECREATWN • Veteran Stakeholder Groups • Term "memorial" should be reserved for Sherrill Park only • Strengthens identity of Sherrill Park • Requested addition of terms "Veterans' Memorial" Recommendation 40. CORPUS CHRISTI PARKS& RECREATWN • Name the Bayshore Park Development — The Water's Edge • Parks and amenities within the park will be known as: • McCaughan Park at The Water's Edge • McGee Beach at The Water's Edge, etc. • Creates consistency for branding and marketing • Allows existing parks to retain identity • Rename Sherrill Park - Sherrill Veterans' Memorial Park • Approved by Parks & Recreation Advisory Committee - March 2017 Name the entire development: The Water's Edge Sherrill Veterans' Memorial Park AGENDA MEMORANDUM First Reading for the City Council Meeting of April 18, 2017 Second Reading for the City Council Meeting of April 25, 2017 DATE: April 11, 2017 TO: 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, Public Works valerieq@cctexas.com (361) 826-3729 FROM: Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations AndyL@cctexas.com (361) 826-1957 One -Way Traffic Flow Along Rancho Vista Boulevard, South of Yorktown Boulevard to Future Extension of Oso Parkway CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I — One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. PURPOSE: The ordinance amendments will improve traffic operations, mobility and safety along Rancho Vista Boulevard, Rancho Vista Boulevard West, and Rancho Vista Boulevard East which serve as the primary street networks within the Rancho Vista subdivision. BACKGROUND AND FINDINGS: Rancho Vista is a 330 + acre, residentially zoned, subdivision located south of Yorktown Boulevard and east of the future extension of Rodd Field Road. The City's Planning Commission approved the preliminary plat for this subdivision in 2004. Since 2004, the preliminary plat has been updated several times to show the revised cross sections of Rancho Vista Boulevard West and Rancho Vista Boulevard East and the configurations of proposed units within the subdivision. Changes to the cross section prompted the Homebuilder (Braselton Homes) and the Homebuilder's consulting engineering firm to meet with the City staff (Development Services and Street Operations -Traffic Engineering) to discuss the impact of those changes on traffic operations. The primary street networks within the subdivision consist of Rancho Vista Boulevard, Rancho Vista Boulevard West, and Rancho Vista Boulevard East. These streets provide connectivity to Yorktown Boulevard, to the north, and will provide connectivity to the future extension of Oso Parkway, to the south. Rancho Vista Boulevard is a 2 lane, undivided roadway with marginal access streets. This cross section exists for approximately 700' south of Yorktown Boulevard. At this point, a traffic circle was constructed as both a traffic calming and aesthetic feature which diverts onto either Rancho Vista Boulevard West or Rancho Vista Boulevard East. The cross section south of the traffic circle, consists of a true "boulevard" section with Rancho Vista Boulevard West and Rancho Vista Boulevard East separated by a grassy median (private park). Traffic currently flows in both directions along existing segments of Rancho Vista Boulevard West and Rancho Vista Boulevard East north of the Laureles Drive/Stampede Drive intersection. Future segments, extending south towards Oso Parkway, are being designed with a narrower street width that can accommodate traffic flow in only one direction. The City Traffic Engineer recommended converting the entire portions of Rancho Vista Boulevard West and Rancho Vista Boulevard East to one-way traffic flow. Designating these segments as one-way will improve traffic operations and safety within the subdivision. Braselton Homes will be responsible for all costs associated with the change in designation of traffic which includes signage and striping. The proposed ordinance was presented to and approved by the City's Transportation Advisory Commission on their January 23, 2017 meeting. ALTERNATIVES: Denial of the proposed one-way streets along Rancho Vista Boulevard West and Rancho Vista Boulevard East. (Not Recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Development Services 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 the ordinance amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Vicinity Map Presentation Ordinance amending the Code of Ordinances, Chapter 53, Section 53-250 Schedule I — One Way Streets and Alleys by changing designated portions of Rancho Vista Boulevard East and Rancho Vista Boulevard West from a two-way traffic pattern to a one-way traffic pattern; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I – One-way streets and alleys, subsection (a) is revised regarding the one-way designation for portions of Third Street. "Sec. 53-250. - Schedule I—One-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic Rancho Vista Boulevard West, between approximately 300' East of Dunn's Point and Oso Parkway Rancho Vista Boulevard East, between 200` East of Vaquero Drive and Oso Parkway 0( SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. 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: Joe McComb Greg Smith Rudy Garza Jr. Lucy Rubio Michael T. Hunter Ben Molina Carolyn Vaughn Paulette M. Guajardo That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Joe McComb Greg Smith Rudy Garza Jr. Lucy Rubio Michael T. Hunter Ben Molina Carolyn Vaughn Paulette M. Guajardo PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta City Secretary Mayor Ott �i•09 FUTURE RANCHO VISTA BLVD. W. RANCHO VISTA BLVD. E. RANCHO VISTA BLVD W. RANCHO VISTA BLVD. sea N SCALE: N.T.S. AERIAL FLOWN 2014 RANCHO VISTA BLVD bawd"Alm Mom MIN MOM MEP NIA MEI IMF �l EXISTING SITE PLAN 0 NEMMEM MIEN MEM MIN ME EMI RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW BETWEEN OSO PARKWAY & VAQUERO DR. W. RANCHO VISTA BLVD. FUTURE RANCHOtp E. RANCHO VISTA BLVD. VISTA BLVD et Often owl ___ _00/611011.111 �9s , W. RANCHO VISTA BLVD. 09 ^. 10 as RANCHO VISTA BLVD. E RANCHOVISTA BLVD. ? I o inn Ma =111111 EN INN111ME 0 PROPOSED SITE PLAN LEGEND EXISTING TWO WAY TRAFFIC PROPOSED ONE WAY TRAFFIC CHANGE ■ ■ ■ ■ RANCHO VISTA ONE WAY LIMITS RANCHO VISTA DRIVE ONE WAY TRAFFIC FLOW SITE PLAN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS w.r e 181 CORPUS CHRISTI SHIP CHANNEL 37 Q' LEOPARD AL 1.` L2300 /-�I 9�F SCALE: N.T.S. AERIAL FLOWN 2014 CORPUS CHRISTI BAY 9 TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI N NAVAL AIR STATION FLOUR BLUFF RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW BETWEEN LAURELAS DR & VAQUERO DR. LAGUNA MADRE RANCHO VISTA DRIVE ONE WAY TRAFFIC FLOW VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS Corpus Chr sti Engineering Designating One -Way Traffic Flow - Rancho Vista Blvd (East & West) Council Presentation April 18, 2017 Project Vicinity �hrsti Engineering CORPUS CHRISTI BAY TEAS ARAI CORPUS airasn N SCALE; N.T.S. CORPUS CHRISM NAVAL M STATION RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW ENEDI AREIAS RR & VAUERU DR 2 Existing Traffic Circulation Corpus Ch 4111150Corpus Engineering r w aevcrc yr*e ew tr E. 3AICH, 11T, E_VC. ti T 14[ 1 LEGEND EXISTING TWO WAY TRAFFIC EXISTING SITE PLAN •••• RANCHOSEVISTAEONE YWAY TRAFFl ITS HANGS Proposed Traffic Circulation (.) Corpus Chr sti Engineering (o� ILL RANCHO VISTA DRIVE PROPOSED ONE WAY TRAFFIC FLOW BE1WEEN OSO PARKWAY & VAQUERO DR. SCALE: N.T.S. y � = Li1E PAK-1D 404?1FL-mm -c*- - —e mG1-0 -.4eLn — �'.. 1�� E RAALHO'JI, B_VB. 7 I PROPOSED SITE PLAN LEGEND a EXISTING TWO WAY TRAFFIC PROPOSED ONE WAY TRAFFIC CHANGE •••• RANCHO VISTA ONE WAY WITS Recommendations C*It) Corpus Chr sti Engineering • Designate Existing & Future Sections of Rancho Blvd West & Rancho Blvd East as One -Way Traffic Flow ➢ Rancho Vista Blvd (West) - 300' East of Dunri s Point and Oso Parkway ➢ Rancho Vista Blvd (East) - 200' East of Vaquero Drive to Oso Parkway 5 �hrsti Engineering Questions? AGENDA MEMORANDUM First Reading for the City Council Meeting of April 18, 2017 Second Reading for the City Council Meeting of April 25, 2017 DATE: April 6, 2017 TO: 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, Public Works valerieq@cctexas.com (361) 826-3729 FROM: Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr., P.E., Director, Street Operations andyl@cctexas.com (361) 826-1957 Establishing a School Zone CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V - Increase of State Speed Limit in Certain Zones; designating a school speed zone; providing for severance; and providing for publication. PURPOSE: The ordinance amendment will establish a school zone during specified hours for Tuloso-Midway High School along McKinzie Road. BACKGROUND AND FINDINGS: Tuloso Midway High School is located at the intersection of Haven Drive and McKinzie Road. Officials from the school approached the City regarding establishing a school zone along McKinzie Road. Because McKinzie is a state maintained roadway, the Texas Department of Transportation (TxDOT) is the responsible entity for establishing a speed zone on their system. Procedures for establishing speed zones on state highway systems are found in TxDOT's Procedures for Establishing Speed Zones manual. The City assisted the local TxDOT District office by providing necessary information to conduct an engineering and traffic study. Results of the study and recommendation to reduce the speed, from 45 MPH to 30 MPH, during designated school zone hours were submitted for approval to the TxDOT Traffic Operations Division in Austin. The recommendation was approved. Based upon the approval, the local TxDOT District office requested the City of Corpus Christi pass an ordinance establishing this school zone, in accordance with TxDOT's Procedures for Establishing Speed Zones. ALTERNATIVES: Denial of the proposed school zone. (Not Recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering) 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 the ordinance amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Vicinity Map Presentation Ordinance amending the Code of Ordinances, Chapter 53, Section 53-254 Schedule V — Increase of State Speed Limit in Certain Zones; designating a school speed zone; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-254 Schedule V, increase of state speed limit in certain zones is revised to update McKinzie Road as follows: "Sec. 53-254. - Schedule V, increase of state speed limit in certain zones. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of widely spaced intersections, and it is hereby declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated at the time specified and they shall become effective when signs are erected giving notice thereof: McKinzie Road : From the Interstate 37 north frontage road (Sta. 88 + 54) to a point approximately 400 feet south of the centerline of Leopard Street (Sta. 53 + 50)- 40 mph—At all times From a point 400 feet south of the centerline of Leopard Street (Sta. 53 + 50) to a point approximately 1,050 feet south of Haven Drive -45 mph At all timcs, except from a point 338 feet north of the centerline of Haven Road to a point 312 feet south of the centerline of Haven Road - 30 mph - when school zone lights are flashing From a point approximately 1,050 feet south of Haven Drive to the south city limits -60 mph—At all times" SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time 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 Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2017, by the following vote: Mayor Rudy Garza Ben Molina Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Joe McComb Carolyn Vaughn PASSED AND APPROVED, this the day of , 2017. ATTEST: Rebecca Huerta Mayor City Secretary x, * • F. `S_ HEMLOCK DR. ... 0 ? _ - ... - ....,- •••••.- . •HORSESHOE DR. SCALE: N.T.S. AERIAL FLOWN 2014 SCHOOL SPEED LIMIT 45 SCHOOL SPEED LIMIT 30 WHEN RASHING END SCHOOL ZONE HAVEN DR. SPEED LIMIT 45 END SCHOOL ZONE SCHOOL SPEED LIMIT 30 WNEN , RAS: ft4* •0 .•,...„. - -,-_.... .....,,„..._,•_:-... .. ,,• • f - PROPOSED SCHOOL ZONE LOCATION McKINZIE ROAD AT HAVEN DRIVE 44 • ), McKINZIE ROAD SCHOOL ZONE LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS PROPOSED SCHOOL ZONE LOCATION McKINZIE ROAD AT HAVEN DRIVE SCALE: N.T.S. AERIAL FLOWN 2014 NUECES BAY McKINZIE ROAD SCHOOL ZONE VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS Corpus Chr sti Engineering Decrease of State Law Maximum Speed - Establishing a School Zone Council Presentation April 18, 2017 Project Vicinity �hrsti Engineering ewe PROPOSED SCHOOL ZONE LOCATION McKINZIE ROAD AT HAWN D1 QE NUECES BAY N SCALE: M.T.S. ANNAVILLE 6 rsn rt��m 2 Proposed School Zone �hrsti Engineering PROPOSED SCHOOL ZONE LOCATION McKINZIE ROAD AT HAVEN ORNE Recommendations �hrsti Engineering • Designate 30 MPH School Zone Along McKinzie Road AGENDA MEMORANDUM First Reading for the City Council Meeting of April 18, 2017 Second Reading for the City Council Meeting of April 25, 2017 DATE: April 11, 2017 TO: Margie C. Rose, City Manager THROUGH: Keith Selman, Assistant City Manager Keithse@cctexas.com (361) 826-3232 FROM: E. Jay Ellington, Director of Parks & Recreation jayell@cctexas.com (361) 826-3232 Approving the amendment to the revised TIRZ #2 project plan CAPTION: 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 March 7, 2017, regarding Packery Channel monitoring and improvements, and updated information on other Packery Channel projects; PURPOSE: Approve the revised Project and Financing Plans for the Reinvestment Zone Number 2. BACKGROUND AND FINDINGS: On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a Tax Increment Financing District and associated Tax Increment Reinvestment Zone #2 (TIRZ #2) covering portions of North Padre Island and Mustang Island. In 2009, Ordinance #028329 amended the Tax Increment Financing Plan to provide for other improvement projects. On February 21, 2017, the TIRZ#2 Board also supported the use of $422,000 to develop improvement projects in the area of Packery Channel including: restrooms, showers, and Americans with Disabilities Act (ADA) Access to the jetties as shown in the motion language following: Motion amending the Tax Increment Reinvestment Zone #2 Project and Financing Plans by replacing Exhibit H (attached) with the document entitled Projects with Funds from Tax Increment Reinvestment Zone #2, which contains the current information as of February 21, 2017. On March 7, 2017 the TIRZ#2 board supported the use of $257,745 for one year of monitoring services performed by Blucher Institute on the Packery Channel as shown in the motion language following: Motion recommending that City Council approve a one year agreement between the City of Corpus Christi and Texas A & M University — Corpus Christi (TAMU-CC) for Packery Channel Monitoring in an amount not to exceed $257,745; and amending the Tax Increment Reinvestment Zone #2 Financing Plan by adding the following sentence at the end of the paragraph that discusses Yearly Miscellaneous Improvements for the Packery Channel: "These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach." ALTERNATIVES: Deny the use of TIRZ #2 funding for these projects. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON -EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: TIRZ #2 Board Island Strategic Action Committee "ISAC" Watershore and Beach Advisory Committee City of Corpus Christi Engineering Department City of Corpus Christi Finance Department City of Corpus Christi Legal Department 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): RECOMMENDATION: Approve the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance — Amending the Project Plan Exhibit 1 - Project Plan — TIRZ #2 Exhibits A — I TIRZ#2 Balance Sheet and Income Statement 11.30.2016 SCALE : 7 ' = 400' JAN. 7. 2002 GLO LEASE TRACT 5 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN NORTH AND SOUTH ACCESS TO PACKERY CIN OF CORPUS CNRLSR CITY PROJECT NO. ENGINEERING SERVICES DEPARTMENT 5122 REV. 1 ATTACHMENT No.2 Sheet 1 of 6 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES OVERALL PLAN - REACH 7 _�1 :RSTM' 26 EN S q PROPOSED RPM AND WiERSECRON IMPROVER + ,1 100 DEC. 73, 2001 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES PLAN VIEW LIN OF CORPUS CHRISTI CIN PROJECT ENGINEERING SERVICES DEPARTMENT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 3 of 6 2 2 W `( * 60 (( ,,s -f,' a�„ni L 1 I 0. r';%. II` ` U r x\ L m ,r s. ,29fi O ,� I �_\ r II i � EROD/NGREA I• FFG AT/O WAR OEARY xp u m 2pETU"N UNE"tD), of- ' I - 0 !�' _ ; atl I • \.� _ • (� ,v-"!� x" J II. 1 (7 .. U. ��� m ' ___ _ N / WimAir ••• J PROT • O(/NE ECT/ON UN _f \ I D p i. , till' O 4 akiR� ..orc M I� ...__ `• .-.0 vX11 VECETATIII. iI E��'' :�r VEGETAiaN UNE. --11.' 1� LirTh cEo LEASE mbcr 2 .-..e I I I I IWO: _�-�•�.�•�n��l�/�lllii — MIN. PARKINGI40 PROP SED SPACE,_ n�r�T6 8$ 1 +95.65 L -37_ • • ' r___ ` � 4 L 'n 1 tl , lT {u; 1 f-� D `" G� -469 ��..,• !O f `_ `�...-• r 'IJ�y.- // v EROD/NC oT g AREA l LNOWARD HOARY \:. vEGETAT/ON UNE t ffs 1 i I �EGETAno uH: " wwyy . o 910 1 =sm 11�1,���iil MIN. a o �IAn F eARKIN / ��.=., PAC 11 i a5f0 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT T. _ m 7...."':".+11:"=1° PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES SCALE 7'• = 100' GOY OF CORPUS 6.1511 CIN PROJECT DEC. 13•3, 200 2001 ENOINEORPIC SERVICES DEPARTMENT NO. 5122 REV. 1 ATTACHMENT No.2 Sheet 4 of 6 v�:ilte�+�rU C` LSF %R9CT J _ 1 _ 1 _� �1 L L OLO LEASE 52.1' 2 L, 0 LL_ -J G7 CLO LEASE 52.1' 3 SCALE : 1" = 100 NOV. 7, 2001 2 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES BEACH PARKING NORTH & SOUTH OF JETTIES CIN OF CORPIK CHRISTA CIN PROJECT ENOLNEEHLNO SERVICES DEPARTMENT N0. 5122 REV. 1 ATTACHMENT No.2 Sheet 5 of 6/ 10 r Tr rT uI i� r a I I I I I I I I Htt-t-��--L--L- rm T l r r - r T lJ5' r OVERLOOK EL=6.55' PROP. FILL OUTFALL STRUCTURE 0 - 10 NORTH SIDE 130' 64' PARKING AREA r T 1 ximm ar 1 1 T 1 ala' r SOUTH SIDE CliftwO rpm. f1uT w111=11.75 B 8 8 8 6 ffi 25' SEE DETAIL BELOW INLET 8' 270' SIDEWALK 164+00 1 1 J -]a 140' h 3 1 EXIST. GROUND MINOR BULKHEAD WATER EXCHANGE PIPE EL=5.25' BULKHEAD EXISTING GROUND EL =-1.75' 1 L 3 PROP. CHANNEL -14.25— - 20 EL =-14.75' L-20 NORTH SIDE HORZ. SCALE C5 VERT. SCALE N 10' 5' NOV. 7, 2001 164+00 NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT PACKERY CHANNEL PUBLIC & ENVIRONMENTAL FACILITIES TYPICAL CROSS-SECTION NORTH PARK/NG LOT NEXT TO BULKHEAD CIN OF CORPIK CHRISTI CIN PROJECT ENGINEERING SERVICES OEPARRICNT NO. 5122 ATTACHMENT No.2 Sheet 6 of 6 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR DISCUSSION 2017 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 1 Packery Channel South Parking Lot Improvements This project consisted of the demolition of existing facilities, construction of approximately 11,500 square yards of new flexible pavement, parking lot, two concrete driveways, minor water and wastewater improvements, landscaping improvements, lighting improvements, and concrete pedestrian ramp. $640,447 Completed March 2006 Projects Include: Packery Channel Monitoring FY 2008-2009 Complete Packery Channel Monitoring FY 2009-2010 Complete Packery Channel Monitoring FY 2010-2011 Complete 2 Packery Channel South Parking Lot, Landscaping Phase 2 This project consisted landscaping and irrigation improvements to the newly constructed 300 -space parking area including the construction of new planting islands with mexican fan palms, sea grape trees, decorative rock and irrigation. $145,461 Completed March 2008 3 Packery Channel Boat Ramp Parking Lot / Access Road This project consisted of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp; construction of an access road and related signage and pavement markings, and the installation of 1,000 square yards concrete reinforced pavement adjacent to boat ramp, concrete bollards; minor drainage improvements; 3,500 linear feet of electrical conduits; and minor landscaping. $1,053,176 total project cost. $549,216 from TIRZ #2 Completed July 2009 4 Packery Channel Boat Ramp Dredging This project consisted of dredging approximately 17,800 cy of the Packery Channel Boat Ramp and adjacent area. The work included environmental control measures to prevent erosion and allow for discharge of water from the dredging operations to discharge into the surf of the Gulf of Mexico. Minor amount of stone were installed at the boat ramp to enhance shoreline protection. $431,377 Completed April 2010 5 Packery Channel South Parking Lot Restroom (Phase 1) This project included the construction of restroom facilities at the South Parking Lot at the beach seawall on Windward Drive. The project included separate men and women facilities to with showers, toilets, changing stations, outdoor seating area, and native landscaping. $460,743 Completed July 2010 6 Packery Channel Parking Lot and Overlooks (Phase 2) This project consisted of improvements along the north and south sides of Packery Channel including seven overlook structures, parking lot, access road, pedestrian walkways, storm water structures lighted bollards with electrical receptacles, lighting, landscaping, concrete benches and repairs to shoreline structures. $2 869 224 Completed March 2012 7 Packery Channel Aids to Navigation / Signage This project consisted of lighting improvements to Packery Channel as required for safety and security along with signage to mark no wake zones. $64,500 Completed December 2012 page 1 of2 2/23/2017 PROJECTS WITH FUNDS FROM TAX INVESTMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI RECOMMENDATIONS FOR DISCUSSION 2017 PROJECT PROJECT BUDGET EXPENSES TO DATE PROJECT STATUS 8 Packery Channel Restroom Facilities (Phase 3) This project consists of the purchase and installation of a mobile restroom on the north side of the Packery Channel and adjacent parking lot. The project also includes turn -around and connector to Zahn Road. A mobile trailor restroom on the south side of Packery Channel with wastewater lift station and wastewater 2 -inch force main (approximately 2,500 linear feet long) is also being planned. Priority Item. P&R recommends self contained, solar powered mobile units to be placed at Packery Channel Parking Lot, end of Zahn Road and on South side of PC (at a location yet to be determined) Build and Install portable restroom shelters to hold portable restroom units at various locations. Build and Install Portable Shower units on the North and South side of Packery Channel. Board approval of 4 portable restroom facilities at $65,000 each plus 20% contingency and shower facilities at $100.000 total. Revised $412,000 $263,618 To the Purchasing Department in Spring 2017 9 Packery Channel Ramps to Jetties (Phase 4) This project includes ADA beach access on the north side and the south side or the channel to provide access from the beach to the restroom, lookouts and parking lots. This project will include the ADA approved mobi-mats on the north side and the south side of Packery Channel to provide access from the beach to the restrooms, lookouts and parking lots. This project was designed as part of the Phase 2 project for parking and overlooks. Priority ITem: P&R recommends a new design for structures since the GLO will not approve construction of parking lots on the beach. Board approval of installation cost only. Revised $10,000 $8,979 To the Purchasing Department in Spring 2017 10 Packery Channel Dredging and Beach Nourishment The project consisted of dredging approximately 264,300 cubic yards of beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel, and 15,000 cubic yards of sand from the north to south end of the N. Padre Island Seawall. Dredging schedule to be determined by results of annual study of channel. $1,820,843 Last Completed March 2012 11 Packery Channel Pavilion (Phase 5) This project includes the pavilion expansion adjacent to the north side restroom or north side boat launch. This will allow the deck area around the restroom and some sitting areas for visitors. Design will begin in FY 2016 and construction will follow in FY 2017 dependent upon available funding. P&R recommends further discussion on this item to determine if another amenity would better suit the area. Revised $1,000,000 HELD FOR DISCUSSION 12 Packery Channel Administration / Maintenance Building (Phase 6) This project includes a 30' x 60' maintenance building, a 20' x 20' administration building and a 100' x 1,000' parking lot near the entrance to the Packery Channel Lookout Areas just south of Zahn Road. Priority Item: P&R recommends facility be located on south side of channel to reduce travel time for equipment and safety. $0 Moving Forward with Nueces County Negotiations 13 Packery Channel ADA Parking Lot Improvements at Jetty Ramps (Phase 7] This project includes parking lots on the beach along the north side and the south side of the channel. Development of this project will be pending USACE and TGLO approval and authorization. Project initiation schedule pending availability of funds and completion of previous phases. GLO will not allow this to be built. P&R recommends reprogramming the funds. MOVED TO ITEM #9 14 Periodic Survey of Channel Conditions and Shoreline Packery Channel monitoring began in 2003 by Texas A&M Division of Nearshore Research by the U.S. Army Corps of Engineers. They ceased monitoring efforts in 2007 and the City assumed monitoring in 2008. The program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and inland channel segment (shoreline position), elevation measurements across the Mollie Beattie Coastal Habitat Community, and measurement of current velocity in the inland channel segment. Varies Annually 5 Year Contract with Annual Task Orders page 2 of 2 2/23/2017 Reinvestment Zone Number Two City of Corpus Christi Texas Packery Channel Projections - Using 5% Increase in TIF Collections Fiscal Year 2016-2017 Tax FYE Beginning NetTwble Captured Value TF Interest Total Annual Cash Ending Ending Total Ending CUMULA TVE Year TF Fund Values Real Collections Earrings Debt, Fees. Project Flow TF General Fund TF Capilal Projec6 TF Fund Balance Bond Dredging Maintenance Funds Available Balance Properly Expenses Expenses Balance Fund Balance Reserve Reserve Reserve Other Projects 2000 2001 $ 82,695,893 (1) - 2001 2002 $ 92,086,188 $ 10,905,193 $ 163,482 $ 354 $ 111,712 $ - $ 52,124 $ 52,124 $ - Agrees to CAFR $ 52,124 2002 2003 $ 52,124 $ 101,265,608 $ 20,531,573 $ 281,039 $ 1,544 $ 58,594 $ - $ 223,989 $ 276,113 $ 963,594 Agrees to CAFR $ 1,239,707 2003 2004 $ 276,113 $ 111,377,838 $ 31,242,521 $ 460,542 $ 2,658 $ 168,833 $ - $ 294,367 $ 570,480 $ 464,836 Agrees to CAFR $ 1,035,316 $3,000,000 2004 2005 $ 570,480 $ 148,690,968 $ 69,016,056 $ 1,015,239 $ 15,930 $ 503,177 $ - $ 527,992 $ 1,098,472 $ 462,430 Agrees to CAFR $ 1,560,902 $3,000,000 2005 2006 $ 1,098,472 $ 173,610,137 $ 91,012,532 $ 1,333,540 $ 58,540 $ 672,150 $ - $ 719,930 $ 1,818,402 $ 632,953 Agrees to CAFR $ 2,451,355 $3,000,000 2006 2007 $ 1,818,402 $ 252,025,820 $ 170,293,479 $ 2,332,093 $ 127,129 $ 817,482 $ - $ 1,641,740 $ 3,460,142 $ 79,997 Agrees to CAFR $ 3,540,139 $3,000,000 $ 540,139 2007 2008 $ 3,460,142 $ 345,361,546 $ 263,629,205 $ 2,851,595 $ 143,028 $ 1,316,295 $ - $ 1,678,328 $ 5,138,470 $ 168,074 Agrees to CAFR $ 5,306,544 $3,000,000 $ 2,306,544 2008 2009 $ 5,138,470 $ 411,201,302 $ 328,505,409 $ 3,601,895 $ 24,525 $ 784,763 $ 1,123,035 $ 1,718,622 $ 6,857,092 $ 28,233 050e0105650 $ 6,885,325 $1,500,000 $ 5,385,325 2009 2010 $ 6,857,092 $ 391,127,739 8 305,772,760 $ 3,357,599 $ 29 $ 775,293 $ 1,080,730 $ 1,501,605 $ 8,358,697 $ - Agneesto CAFR $ 8,358,697 $1,500,000 $1,400,000 $ - $ 5,458,697 2010 2011 $ 8,358,697 $ 330,788,907 $ 249,503,484 $ 2,803,583 $ 3,167 $ 1,157,358 $ 3,940,583 $ (2,291,191) $ 6,067,506 $ 900,517 Agrees to CAFR $ 6,968,023 $1,500,000 $1,400,000 $ - $ 4,068,023 2011 2012 $ 6,067,506 $ 299,932,835 $ 218,546,042 $ 2,399,907 $ 542 $ 1,224,045 $ 2,634,725 $ (1,458,321) $ 4,609,185 $ 1,072,652 Agrees to CAFR $ 5,681,837 $1,500,000 $2,500,000 $ 500,000 $ 1,181,837 2012 2013 $ 4,609,185 $ 319,401,639 $ 230,460,941 $ 2,513,028 $ - $ 1,189,008 $ 1,020,332 $ 303,689 $ 4,912,874 $ 1,242,938 Agrees to CAFR $ 6,155,812 $1,500,000 $2,912,874 $ 500,000 $ 1,242,938 2013 2014 $ 4,912,874 $ 327,772,541 $ 238,911,352 $ 2,632,938 $ 99 $ 2,321,958 $ 159,762 $ 151,317 $ 5,064,191 $ 957,280 Agrees to CAFR $ 6,021,471 $1,500,000 $3,064,191 $ 500,000 $ 957,280 2014 2015 $ 5,064,191 $ 362,775,885 $ 273,365,948 $ 2,880,930 $ 2 $ 1,267,694 $ 1,695,498 $ (82,260) $ 4,981,931 $ 2,363,453 Agrees to CAFR $ 7,345,384 $1,500,000 $2,981,931 $ 500,000 $ 2,363,453 2015 2016 $ 4,981,931 $ 409,700,308 $ 327,004,415 $ 3,405,001 $ 511 $ 1,333,285 $ 61,535 $ 2,010,692 $ 6,992,623 $ 2,021,572 Agrees to CAFR $ 9,014,195 $1,500,000 $4,000,000 $ 500,000 $ 3,014,195 2016 2017 $ 6,992,623 $ 435,126,626 $ 352,430,733 $ 3,575,251 $ - $ 1,349,700 - $ 2,115,090 $ 9,107,713 $ 2,060,996 proposed budget $ 11,168,709 $1,500,000 $4,000,000 $ 500,000 $ 5,168,709 2017 2018 $ 9,107,713 $ 3,754,014 $ - $ 1,389,150 $ 790,206 $ 1,574,658 $ 10,682,370 $ 2,060,996 $ 12,743,366 $1,500,000 $4,000,000 $ 500,000 $ 6,743,366 2018 2019 $ 10,682,370 $ 3,941,714 $ - $ 1,511,000 $ 3,620,461 $ (1,189,747) $ 9,492,624 $ 2,060,996 $ 11,553,620 $1,500,000 04,000,000 $ 500,000 $ 5,553,620 2019 2020 $ 9,492,624 $ 4,138,800 $ - $ 1,615,200 $ 510,000 $ 2,013,600 $ 11,506,224 $ 2,060,996 $ 13,567,220 $1,500,000 $4,000,000 $ 500,000 $ 7,567,220 2020 2021 $ 11,506,224 $ 4,345,740 $ - $ 1,707,200 $ 510,000 $ 2,128,540 $ 13,634,764 $ 2,060,996 $ 15,695,760 $1,500,000 $4,000,000 $ 500,000 $ 9,695,760 2021 2022 $ 13,634,764 $ 4,563,027 5 - 5 1,687,225 $ 510,000 5 2,365,802 $ 16,000,565 $ 2,060,996 $ 18,061,561 $1,500,000 $4,000,000 $ 500,000 $ 12,061,561 $ 56,350,957 $ 378,058 5 22,961,122 $ 17,767,328 $ 16,000,565 Including released bond reserve $ 13,561,561 (1)- Obtained from the TIF Detail Report for 2008 from the Nueces County Tax Office. Recap of Expenditures for FY 2015-2016 Recap of Expenditures for FY 2016-2017 Packery Channel Miscellaneous Improvements $ - Packery Channel Miscellaneous Improvements $ - Marina Patrol $ 32,957 Funding for Park Road 22 Bridge $ - Administrative Costs $ 28,578 Marina Patrol $ 98,812 Total $ 61,535 Administrative Costs $ 11,649 Total Recap of Expenditures for FY 2018-2019 Packery Channel Miscellaneous Improvements $ 510,000 Marina Patrol $ 98,812 Administrative Costs $ 11,649 Dredging of Channel $ 3,000 000 Total $ 3,620,461 Recap of Expenditures for FY 2017-2018 Packery Channel Miscellaneous Improvements Packery Channel Restrooms, Phase 3 Marina Patrol Administrative Costs Total $ 367,745 312,000 98,812 11,649 REINVESTMENT ZONE #2 FUND #1111 BALANCE SHEET November 30, 2016 ASSETS Cash and cash equivalents Total assets LIABILITIES AND FUND BALANCES Liabilities Accounts payable Fund balance Restricted North Padre Island Development Total fund balance $ 7,799,073.42 7,799,073.42 7,799,073.42 7,799,073.42 Total liabilities and fund balances $ 7,799,073.42 REINVESTMENT ZONE #2 FUND #1111 INCOME STATEMENT November 30, 2016 Revenues Taxes and business fees Earnings on investments Total revenues Expenditu res Community development Total expenditures $ 818,627.18 121.05 818,748.23 10,356.95 10,356.95 Excess (deficiency) of revenues over (under) expenditures 808,391.28 Other financing sources (uses) Transfer out Total other financing sources (uses) (1,941.50) (1,941.50) Excess (deficiency) of revenues and other financing sources over (under) expenditures and other uses 806,449.78 Fund balance at beginning of year 6,992,623.64 Fund balance at end of year $ 7,799,073.42 ORDINANCE APPROVING THE AMENDMENTS TO THE TAX INCREMENT REINVESTMENT ZONE #2 AMENDED PROJECT & FINANCING PLANS APPROVED BY THE BOARD OF DIRECTORS OF REINVESTMENT ZONE NUMBER TWO, CORPUS CHRISTI, TEXAS ON JULY 22, 2014, FEBRUARY 21, 2017, AND MARCH 7, 2017 REGARDING PACKERY CHANNEL MONITORING AND IMPROVEMENTS AND UPDATED INFORMATION ON OTHER PACKERY CHANNEL PROJECTS. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on October 29, 2013; WHEREAS, on July 24, 2014, February 21, 2017, and March 7, 2017, the Board of Directors of Reinvestment Zone Number Two took action to approve amendments to the language of the Plan; WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Two, Corpus Christi, Texas, as amended and approved by the Board of Directors of Reinvestment Zone Number Two (the "Board") on July 22, 2014. The City Council further approves some amendments adopted by the Board on February 21, 2017 and March 7, 2017, but only those amendments that are related to the Packery Channel monitoring and improvements and Other Packery Channel projects listed in Exhibit H of the Plan. A copy of the Plan, as approved by this ordinance, is attached hereto and incorporated as "Exhibit 1." 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 TAX INCREMENT REINVESTMENT ZONE #2 CITY OF CORPUS CHRISTI PROJECT AND FINANCING PLANS (Revised 09/29/2009; Amended 03/22/2011; 09/13/2011; 10/29/2013, July 22, 2014, and February 28, 2017) The Tax Increment Reinvestment Zone #2 Project Plan )(Plan) (last revised and/or amended on 10/29/13) is amended to update and revise the Plan this 21st day of February 2017 by adding the Joid and underlined tex and deleting the . old and strikethrouqh text as shown: REINVESTMENT ZONE PROJECT PLAN This Project Plan identifies the improvements and planned expenditures that may be funded by tax increments generated within Tax Increment Reinvestment Zone #2, City of Corpus Christi ("TIRZ #2). No tax increments for new expenditures authorized by this Project Plan may be expended if the tax increments are required to fund any obligations incurred by the North Padre Island Development Corporation prior to the date of the adoption and approval of this Project Plan. On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covering portions of North Padre Island and Mustang Island. This tax increment financing would be used primarily to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project ("Packery Channel project"). Then on June 27, 2000, the City Council approved the preliminary Project and Financing Plans, and notified other taxing jurisdictions of its intention to create a tax increment reinvestment zone. A notice of a public hearing on the creation of the zone was published on August 22, 2000, and the public hearing was held on August 29, 2000. On August 29, 2000 the City Council passed the first reading of the ordinance that established TIRZ #2. Ordinance 024270, which established TIRZ #2 was formally adopted after being passed on the second reading on November 14, 2000. Subsequently on October 8, 2002, the City Council approved Resolution 025040, which established the North Padre Island Development Corporation ("NPIDC"). The NPIDC was created to aid, assist, and act on behalf of the City and TIRZ #2 in performing governmental functions to promote the common good and general welfare of the City, including the area within the TIRZ #2 zone. Then on February 25, 2003, the NPIDC, TIRZ #2, and City Council authorized an agreement by and among the City of Corpus Christi, Texas; Reinvestment Zone Number Two, City of Corpus Christi; and the North Padre Island Development Corporation, dated February 1, 2003. This agreement commonly referred to as the "Tri -Party Agreement" spells out the responsibilities of each of the parties in the administration and financing of TIRZ #2. The three entities also recommended, authorized, and approved the Project and Financing Plans for TIRZ #2 on February 25, 2003. The initial Project Plan and Financing Plan basically addressed the funding of the City's share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The Packery Channel project had been discussed and studied over a number of years. The project involved the placement of sand in front of the concrete Padre Island Seawall to restore the beach and protect the seawall. The sand was to be taken from the dredging and channelization of a reopened Packery Channel. The Packery Channel project also consisted of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the Packery Channel project was approximately $30 million. The Packery Channel project was included in Section 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (USACOE) to undertake Packery Channel Project Plan Amendment Page 1 of 9 two studies: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money was made available by the Federal government for the studies. The local share of the project, which was estimated at approximately $10.5 million, could come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax increment financing is that "the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept of tax increment financing is "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, the City believed that completion of the project would result in significantly increased taxes through both new private investment and increases in the existing tax values. The preliminary financing plan that was adopted by the City Council, when it authorized the creation of TIRZ #2, called for funding $10.5 million as the City's share of the Packery Channel project, plus $750,000 for construction of the parking lot on the Padre Island concrete seawall. The estimates in the preliminary financing plan were refined, and the current Project and Financing Plans, dated February 1, 2003, estimated that $12,000,000 in debt would be needed to complete the initial project costs. The plans identified $3,000,000 in surplus tax increments or bonds for secondary development improvements, which included the construction of seawall parking lot and $2,000,000 for a "parks & recreation center." A copy of the projected project costs from the 2003 plans is attached to and incorporated into this plan as Exhibit A. Under §311.011(b)(1), Texas Tax Code, the Project Plan must have a map showing existing uses and conditions of real property in the zone, and a map showing proposed improvements to and proposed uses of that property. A map of TIRZ #2 is attached as Exhibit B, and is incorporated into this plan. A map of the current land uses within TIRZ #2 and the surrounding area is attached as Exhibit C, and is incorporated into this plan. A map of the current zoning within TIRZ #2 and the surrounding area is attached as Exhibit D, and is incorporated into this plan. A map of the future land uses within TIRZ #2 and the surrounding area based on the City Comprehensive Plan's Future Land Use Plan, adopted May 24, 2004 (Ordinance 026278), is attached as Exhibit E, and is incorporated into this plan. The Island Action Group Capital Improvement Priorities Report, dated 10/14/2005, which identifies needed capital improvements on Mustang and Padre Islands, including the areas within TIRZ #2, has been reviewed to identify improvements that could be funded through the tax increments developed within TIRZ #2. Exhibit F is a map showing specific projects that are included in this Project Plan. That exhibit is incorporated into this plan. All of the specific projects are situated on public land and involve recreational use and activities. Under §311.011(b)(2), Texas Tax Code, the Project Plan must address proposed changes of zoning ordinances, the master plan of the municipality, building codes, other municipal ordinances, and subdivision rules and regulations, if any, of the county, if applicable. While the City is in the process of adopting a unified development code that will replace the current zoning and platting ordinances, there are no substantive changes being recommended that would affect TIRZ #2. At the time of adoption of this Project Plan, there are no pending cases to rezone properties within TIRZ #2. The City is considering rezoning portions of the property that it leases from the Texas General Land Office ("GLO"). As a condition of the GLO lease, the City is required to prepare a development plan for any commercial development on the leased property. While a draft Packery Channel development plan has been prepared and presented to the City Council, Planning Commission, GLO, Nueces County Parks Board, Nueces County Dune Committee, and Packery Channel Project Plan Amendment Page 2 of 9 City Beach Advisory Committee, for incorporation into the Mustang Padre Island Area Development Plan, the City Council has not officially adopted the plan, and the City is discussing features of the proposed plan with the GLO. The City will propose rezoning to match the needs identified in the Packery Channel development plan. The City is working with GLO on the voter approved proposed changes to Chapter 10, Code of Ordinances, which contains the City's GLO approved beach and dune rules. This proposed change addresses driving on the beach seaward of the concrete Padre Island seawall, and the installation of bollards on the beach seaward of the concrete seawall and between the seawall and southern Packery Channel jetty. There are no other proposed changes to the City's beach or dune permitting rules. However, the Nueces County Beach Management Committee has recommended approval of the changes to their beach management regulations. The Nueces County Commissioners' Court has not approved the changes, and they have not been sent to the GLO for public comment in Texas Register. Under §311.011(b)(3), Texas Tax Code, the Project Plan must contain a list of estimated nonproject costs. The City has been trying to obtain additional Federal funding to cover some of the costs of the recreational enhancements within the North Padre Island Storm Damage Reduction and Environmental Restoration Project and repairs to storm damage from Hurricane Ike. The City will also seek grants and other funding opportunities from the State of Texas and others to offset some of the costs identified in this Project Plan. The level of that funding, if any, that can come from Federal, State, or other funding sources is not known. To the extent Federal, State, or other funding is received, the amount of tax increments that need to be dedicated to completing these improvements will be reduced. Under §311.011(b)(4), Texas Tax Code, the Project Plan must contain a statement of a method of relocating persons to be displaced as a result of implementing the plan. None of the proposed improvements should result in relocation of any person; therefore this requirement is not applicable to the implementation of this plan. REINVESTMENT ZONE FINANCING PLAN Under §311.011(c)(1), the Reinvestment Zone Financing Plan must contain an Estimated Project Cost Description, and under §311.011(c)(2), it must describe the Kind, Number, and Location of TIRZ Improvements. Under this Project Plan and Reinvestment Zone Financing Plan, the following improvements and activities may be funded from current available revenues: Packery Channel Project Area Improvements: Subject to the availability of the estimated $4,700.000 funds in the TIRZ #2 tax increment fund and funding from the Federal Government as authorized by the Water Resources Development Act, construction of the improvements in the TIRZ#2 referendum voter information sheet and Phases 2-3 -7 Packery Channel public recreational improvements and amenities shown on the engineering drawings referred to as the Packery Channel "Six Pack," which is incorporated into this Project Plan as Exhibit G. The engineering cost estimate for the Phases 2-3 - 7 has been revised and is shown in Exhibit H. Construction of the Phase 4 ADA ramps is contingent upon approval of the General Land Office of the installation of Packery Channel Project Plan Amendment Page 3 of 9 temporary hard parking surfaces for parking for the disabled on the beach at the end of the ADA ramps and will be constructed with Phase 7 Phase 3 if approved. are cstimated at approximately $100,000. Relocation of approximatcly 15,000 cubic yards of sand locatcd c award of thc - located seaward of the central and southern portions of the seawall, which is ostimatcd to costs approximately $69,000. Yearly Miscellaneous Improvements required for support of Packery Channel, exclusive of the previously identified capital projects Phases 3 though 7, could include periodic surveys of channel conditions, shoreline, and ietty revetments, access to beach and sand redistribution are proposed to be budgeted on an annual basis pending the availability of funds. These Yearly Miscellaneous Improvements specifically include routing, monitoring, and surveys of the Packery Channel and the Gulf beach. seaward of concrete Padre Island S awall with dredgcd sand, which may bo budgeted on an annual basis. ------ -e - Routine monitoring and surveys of Packery Channel and the Gulf beach within the AA AA AA AAA AA the jetties and shoreline rcvctmcnts, and othcr public improvcmcntc within thc project -or , which may be budgeted on an annual basis. Operation of a marine patrol to reduce shoreline erosion along Packery Channel, specifically along the Mollie Beattie Preserve, is proposed to be budgeted on an annual basis with a yearly increase of 3% pending the availability of funds. which may be budgeted on an annual basis. Costs to support the administrative functions of Packery Channel, including city staff and governing boards are included on a yearly basis pending the availability of funds. Costs for design, permitting and dredging of Packery Channel have been included in future years subject to need and pending the availability of funds. Relocation and grading of sand on the beach seaward of the Padre Island seawalls, which may be budgeted on an annual basis. Periodic renourishment of the beach seaward of the Padre Island seawalls, which may be budgeted on annual basis. Installation and routine maintenance of recreational amenities in the Packery Channel project area, which may be budgeted on an annual basis. Establishment of a maintenance and repair reserve for the Packery Channel jetties, revetments, and ancillary equipment and improvements, which may be budgeted on an annual basis. Packery Channel Project Plan Amendment Page 4of9 Installation and maintenance of appropriate signage for the Packery Channel project area, which may be budgeted on an annual basis. The Zone's annual budget will be adopted by the Zone's Board of Directors on an annual basis, based upon the City of Corpus Christi's fiscal year, and attached to this plan as Exhibit I. Improvements in other areas within TIRZ #2: A specific list of projects will be developed in consultation with various organizations and interested residents of North Padre Island and businesses located within TIRZ #2. These projects may include projects to acquire, construct, reconstruct, or install public works, facilities, or sites or other public improvements, including landscaping, utilities, streets, street lights, water and sewer facilities, pedestrian malls and walkways, parks, flood and drainage facilities, or parking facilities, but not including educational facilities. As required by §311.011(c)(3), an updated economic feasibility Study for TIRZ #2 was completed by CDS Market Research 1 Spillette Consulting in September 2009. It is provided in a separate document. Under §311.011(c)(4), the Project Plan and Reinvestment Zone Financing Plan must include an estimate of bonded indebtedness. TIRZ #2 may be used to support bonded debt issued to fund specific projects, or the project costs may be funded on a pay-as-you-go basis, or utilize other financing methods. Under §311.011(c)(5), the Project Plan and Reinvestment Zone Financing Plan must describe the timing of incurring costs or monetary obligations. TIRZ #2 project costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you-go project expenditure approach, a bonded debt issuance, or other forms of project financing. Under §311.011(c)(6), the Project Plan and Reinvestment Zone Financing Plan must describe the methods of financing and sources of revenue. TIRZ #2 could use several methods of financing, including but not limited to the following: • Cash funds generated from existing property value increment, • Bonded debt issuances backed by TIRZ #2 revenue to fund the associated debt service, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from TIRZ #2 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The term of any debt for which debt services payments are to be funded by TIRZ #2 revenue will not extend past the duration of TIRZ #2. The primary source of revenue for TIRZ #2 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, Nueces County Hospital District, Del Mar College, and the Farm to Market Road on the taxable property value increment within TIRZ #2. Based on existing interlocal agreements with each taxing jurisdiction listed above, it is currently Packery Channel Project Plan Amendment Page 5 of 9 projected that each of these entities will agree to participate in funding TIRZ #2 with 100% of the incremental property taxes collected over the life of zone, except for Del Mar College, which will contribute 20% in 2009 and 0% thereafter. The assessed value base year Sources of Revenue' Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road Total 2009 1,597,917 985,617 406,158 137,838 12,165 3,139,695 2010 1,273,417 786,419 324,072 - 9,709 2,393,616 2011 1,203,508 745,121 307,054 - 9,201 2,264,884 2012 1,372,033 849,855 350,213 - 10,494 2,582,595 2013 1,519,533 941,476 387,968 - 11,625 2,860,601 2014 1,645,468 1,019,647 420,181 - 12,590 3,097,886 2015 1,761,879 1,091,870 449,943 - 13,481 3,317,173 2016 2,162,313 1,340,366 552,345 - 16,549 4,071,572 2017 2,615,229 1,621,428 668,166 - 20,018 4,924,842 2018 3,127,882 1,939,557 799,263 - 23,945 5,890,647 2019 3,708,557 2,299,895 947,753 - 28,393 6,984,598 2020 4,366,726 2,708,317 1,116,057 - 33,435 8,224,535 2021 5,113,212 3,171,538 1,306,944 - 39,153 9,630,847 2022 5,960,390 3,697,237 1,523,577 - 45,642 11,226,846 Total 37,428,065 23,198,342 9,559,692 137,838 286,400 70,610,338 1 Assumes 95% tax collection rate. for all participating taxing entities is 2000. Based upon 2008 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to TIRZ #2 is as follows: These revenue projections assume a 95% tax collection rate for all three taxing jurisdictions. According to these projections, 53.0% of the tax increment revenues will come from the City, 32.9% will come from the County, 13.5% will come from the County Hospital District, 0.2%% will come from Del Mar College, and 0.4% will come from the Farm to Market Road. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and Packery Channel Project Plan Amendment Page 6 of 9 • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Under §311.011(c)(7), the Project Plan and Reinvestment Zone Financing Plan must give the current appraised value of the zone. According to the Nueces County Appraisal District, the 2009 certified taxable appraised value for the Zone is $356,833,583 for the City of Corpus Christi, $ 353,059,772 for Nueces County and the County Hospital District, $ 358,753,875 for Del Mar College, and $ 352,808,877 for Farm to Market Road. Due to outstanding property accounts under value protest, these certified values will increase over time. Under §311.011(c)(8), the Project Plan and Reinvestment Zone Financing Plan must provide an estimate of the captured appraised value for TIRZ #2 during the years of its existence. The table on the next page provides the projected schedule of taxable value increment captured by the zone over remainder of its duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the participating jurisdictions. Therefore, there is a table shown for each entity. Under §311.011(c)(9), the Project Plan and Reinvestment Zone Financing Plan must state the duration of TIRZ #2. The zone has thirteen tax years remaining and will expire after 2022. Packery Channel Project Plan Amendment Page 7 of 9 Estimated Captured Appraised Value PROJECTED ASSESSED VALUE Tax Year City of Corpus Christi Nueces County Nueces County Hospital District Del Mar Jr. College Farm to Market Road 2009 380,825,433 377,027,804 377,027,804 382,757,294 376,776,909 2010 320,245,351 317,347,217 317,347,217 321,720,450 317,163,481 2011 307,194,087 304,974,332 304,974,332 308,324,444 304,840,076 2012 338,655,659 336,353,086 336,353,086 339,828,313 336,214,560 2013 366,192,055 363,803,032 363,803,032 367,408,871 363,660,078 2014 389,702,663 387,223,386 387,223,386 390,965,597 387,075,840 2015 411,435,230 408,861,715 408,861,715 412,746,329 408,709,405 2016 486,191,313 483,312,318 483,312,318 487,658,942 483,142,951 2017 570,745,210 567,519,915 567,519,915 572,390,395 567,331,227 2018 666,451,157 662,832,970 662,832,970 668,297,914 662,622,374 2019 774,856,231 770,791,945 770,791,945 776,931,996 770,556,480 2020 897,728,294 893,157,125 893,157,125 900,064,425 892,893,404 2021 1,037,088,042 1,031,940,526 1,031,940,526 1,039,720,393 1,031,644,672 2022 1,195,245,758 1,189,442,482 1,189,442,482 1,198,215,334 1,189,110,054 ASSESSED VALUE INCREMENT Tax City of Corpus Nueces County Del Mar Jr. Farm to Market Year Christi Nueces County Hospital District College Road 2009 298,311,566 295,295,463 295,295,463 300,048,697 295,195,765 2010 237,731,484 235,614,876 235,614,876 239,011,853 235,582,337 2011 224,680,220 223,241,991 223,241,991 225,615,847 223,258,932 2012 256,141,792 254,620,745 254,620,745 257,119,716 254,633,416 2013 283,678,188 282,070,691 282,070,691 284,700,274 282,078,934 2014 307,188,796 305,491,045 305,491,045 308,257,000 305,494,696 2015 328,921,363 327,129,374 327,129,374 330,037,732 327,128,261 2016 403,677,446 401,579,977 401,579,977 404,950,345 401,561,807 2017 488,231,343 485,787,574 485,787,574 489,681,798 485,750,083 2018 583,937,290 581,100,629 581,100,629 585,589,317 581,041,230 2019 692,342,364 689,059,604 689,059,604 694,223,399 688,975,336 2020 815,214,427 811,424,784 811,424,784 817,355,828 811,312,260 2021 954,574,175 950,208,185 950,208,185 957,011,796 950,063,528 2022 1,112,731,891 1,107,710,141 1,107,710,141 1,115,506,737 1,107,528,910 Packery Channel Project Plan Amendment Page 8 of 9 LIST OF EXHIBITS Exhibit A Packery Channel Project Costs and Funding from Project and Financing Plans dated February 1, 2003 Exhibit B Map of TIRZ #2 Exhibit C Current land use map Exhibit D Current zoning map Exhibit E Future land use map Exhibit F Project Plan Map (Rev'd 03/17/2011)(Rev'd 10/22/2013) Exhibit G "Six Pack" engineering drawings Exhibit H "Six Pack" engineering cost estimates Projects with Funds from Tax Increment Reinvestment Zone #2 City of Corpus Christi (Rev'd 10/22/2013) (J Iv 22, 2014) (February 21, 2017) Exhibit I Seawall Sand Movement & Relocation Project drawing Exhibit I Annual Budget: -Fiscal Year 2015 Reinvestment Zone #2 Project Financing Plan Fiscal Year 2017 Reinvestment Zone #2 Budget Page of 9 Packery Channel Project Plan Amendment 102213 9 025215 ORDINANCE NO. AN ORDINANCE APPROVING A FINAL PROJECT AND FINANCING PLAN FOR THE "REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CHRISTI, TEXAS"; APPROVING TILE SALE OF BONDS BY NORTH PADRE ISLAND DEVELOPMENT CORPORATION IN FURTHERANCE OF THE FINAL PROJECT AND FINANCING PLAN; AND OTHER MATTERS RELATING THERETO. WHEREAS, on November 14, 2000, the City Council of the City adopted Ordinance No. 024270 (the "Creation Ordinance"), approving the creation of a tax increment reinvestment zone in the City known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas" ("TIRZ Two"); and WHEREAS, in connection with the adoption of the Creation Ordinance and the establishment of TIRZ Two, the City prepared a preliminary reinvestment zone financing plan, and presented the preliminary reinvestment zone financing plan to the governing body of each taxing unit that levies taxes on real property in the proposed reinvestment zone; and WHEREAS, in compliance with the provisions of Chapter 311, Texas Tax Code (the "Act"), a project plan and reinvestment zone financing plan has been prepared and approved by the Board of Directors of TIRZ Two, which project plan and reinvestment zone financing plan so approved is attached to this Ordinance as Exhibit "A" (the "Plan"); and WHEREAS, in compliance with the Act, the City Council finds it necessary and desirable to approve the Plan submitted with this Ordinance; and WHEREAS, by Resolution No. 025040, adopted on October 8, 2002, the City authorized the creation of the North Padre Island Development Corporation (the "Corporation") to aid, assist and act on behalf of the City in the performance of the City's governmental and proprietary functions with respect to the common good and general welfare of the City, as described in the Creation Ordinance; and WHEREAS, on February 25, 2003 theCorporation adopted a resolution authorizing the issuance and delivery of up to $3,000,000 in Tax Increment Contract Revenue Bonds, Series 2003 (the "Bonds"), for the purpose of funding a portion of the "project costs" as are set forth in the Plan; and WHEREAS, the Corporation and the Board of Directors of TIRZ Two have approved the execution and delivery of that certain Agreement by and among the City, TIRZ Two, and the Corporation dated as of February 1, 2003 (the "Tri-Party Agreement"), pursuant to which the Corporation was delegated certain power and authority in connection with the implementation of the Plan on behalf of TIRZ Two, including, but not limited to, the power to issue, sell or deliver its bonds, notes or other obligations in accordance with the terms of the Tri-Party Agreement; and WHEREAS, the City Council finds it necessary and advisable to adopt this Ordinance to approve the Plan, as required by the Act, to approve the Tri-Party Agreement, and the approve the resolution of the Corporation that authorized the issuance and delivery of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION; That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. .SECTION 2• That the City Council hereby approves the project plan and the reinvestment zone financing plan attached to this Ordinance as Exhibit "A", as required by Section 311.011 of the Act. SECTION 3: That the City Council does hereby find and declare that the project and financing plan submitted to the City Council for approval, and hereby approved by the adoption of this Ordinance, is feasible for the development of TIRZ Two and conform to the master plan of the City. 2 SECTION 4: That the City hereby approves the Resolution adopted by the Corporation, in substantially the form and substance as attached hereto as Exhibit "W, and all documents attached to the Resolution including, without limitation, the Tri -Party Agreement. The Mayor and the City Secretary are hereby authorized to execute, attest, seal and deliver the Tri -Party Agreement on behalf of the City. The issuance of Bonds in an amount not to exceed $3,000,000 for the purposes described in the Resolution is hereby approved. SECTION 5: That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 6: This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201.028, Texas Government Code. SIGNED AND SEALED THIS 25TH DAY OF FEBRUARY, 2003. City Secretary APPROVED AS TO FORM: 17 Actin Cit7Attorn 7,55 Mayor, City of Corpus Christi, Texas 3 (SEAL) THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of February, 2003, approving the project and financing plan for Reinvestment Zone Number Two, City of Corpus Christi, Texas, and other matters related thereto, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 25th day of February, 2003. (SEAL) City Secretary, City of Corpus Christi, Texas 4 Corpus Christi, Texas Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neai, Jr., Mayor City of Corpus Chris Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott MAQ)(0- ate, Cib64-aLn Ro )L J ..1JJ Reinvestment Zone Number Two City of Corpus Christi, Texas Project Plan and Reinvestment Zone Financing Plan February 25, 2003 Reinvestment Zone Number Two, City of Corpus Christi, Texas February 25, 2003 Project Plan and Reinvestment Zone Financing Plan Introduction to The Project and Finance Plan General Background As required under the Tax Increment Financing Act, Chapter 311, Texas Tax Code (the "TIF Act"), the Board of Directors (the "Zone Board") of Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Zone "), has prepared this Project Plan and Reinvestment Zone Financing Plan (the "Plan"). The City Council ofthe City of Corpus Christi, Texas (the "City") and the Zone Board must both adopt this Plan. The Plan includes information concerning proposed land uses and development, estimated project and non -project costs and administrative expenses, engineering studies, proposed financing and economic feasibility data, and property appraisal data. The Plan includes financing of the Zone's portion of the North Padre Island Storm Damage Reduction and Environmental Restoration Project (the "Project"). This Plan sets out the details of the tax and economic benefits derived from development of the Project Site, the scope of the Project, and the financing strategy for funding of Project costs through the issuance of bonds. Complete copies of the Plan, including a report attached to this Plan, as Exhibit A, entitled "Forecast of Potential TIF Revenue Flows on North Padre Island", prepared by Economics Research Associates ("ERA "), which constitutes the economic feasibility study required by the TIF Act, are available from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. North Padre Island Storni Damage Reduction and Environmental Restoration Project The Project is a project of the U.S. Army Corps of Engineers (the "Corps") to dredge and channelize a reopened waterway ("Packery Channel") between the Laguna Madre Intracoastal Waterway and the Gulf of Mexico. In addition to the Packery Channel, the Project includes construction by the Corps of two 1,400 foot jetties paralleling the Packery Channel. Of the total 830,000,000 projected cost of the Project, the City as Project sponsor has agreed to pay $10.5 million. The remaining Project costs are to be paid by the United States Government. The City has created the Zone for the purpose of raising funds needed to provide the Zone Project costs through the issuance of bonds by the North Padre Island Development Corporation (the "Issues'), a not-for- profit local government corporation_ It was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. The Corps was directed by the Congress of the United States ("Congress") to carry out a project for ecosystem restoration and storm damage reduction at North Padre Island. The Project will extend the existing approximately 2.6 miles portion of the Packery Channel an additional 0.9 mile. The Project is described in the Environmental Impact Statement (EIS), as are the benefits and impacts to be expected from the Project. Erosion of the beach in front of the seawall just south of the boundary between Mustang and North Padre Islands is causing a loss of recreational beach. Dredging Packery Channel would provide sand for nourishment of the beach, and an enlarged beach would reduce potential future storm damage. A Project Study Plan, prepared by the Corps in 1999, examined three alternative sites, including Packery Channel. Three different channel widths under three different salinity regimes were also examined to determine the environmental benefits of an opening between the Laguna Madre and the Gulf of Mexico. The environmental 1 benefits of all alternatives were essentially negligible. The final EIS will be available upon publication by the Corps from the City of Corpus Christi, Texas, 1201 Leopard Street, Corpus Christi, Texas 78401, Attention: City Secretary. The Project is a project for ecosystem restoration and storm damage reduction consisting of a jettied entrance channel, main channel dredged to a required depth of 14 feet and a bottom width of 116 feet up to the Texas Highway 361 bridge, scour protection for the existing bridge, concrete bulkheads on both sides of the main channel creating three placement areas to create shallow water habitat, continuing with a smaller channel along the existing alignment of Packery Channel from the highway bridge to the Gulf Intracoastal Waterway, dredged to a required depth of 7 feet and bottom width of 80 feet, installation of a 30 inch HDDPE pipe for a sand bypass system, beach nourishment on the beach south of the channel and miscellaneous utility removals and relocations. The Project consists of dredging a 134 -foot wide channel to connect the existing Packery Channel to the Gulf of Mexico to a 12 -foot deep authorized depth (requiring an initial dredge depth to -14 feet) and dredging the existing channel to a depth of -7 feet (mean sea level) and a width of 80 -feet. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway is approximately 18,500 feet (15 miles). Approximately 801,200 cubic yards (cy) of material will be dredged during construction, most of which (646,000 cy) will be placed on the beach south of the proposed jetties placement area (PA -4S) for storm damage reduction in front of the existing concrete seawall. Sandy maintenance material from the channel east of the SH 361 bridge will be used for beach nourishment, and a sand bypass system will be designed to move accumulated sand from longshore drift to the downdrift side of the jetties. Approximately 15,000 cy of estimated maintenance dredging every five years will be placed in an upland site. The Project is to be constructed by the Corps under a proposed Project Cooperation Agreement between The Department of the Anny and the City (the "Project Contract"). The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Project Contract by both parties by Spring 2003. The Plan calls for the remainder of the approximately $19.5 million needed to complete the Project to be funded by the United States Government under the Project Contract. As of February 25, 2003, Congress has appropriated $4.0 million for Project construction, but is under no obligation to appropriate the remainder of its share of Project costs. Once the initial Project is completed, the City will incur costs of maintenance dredging of Packery Channel, as described above. It is anticipated that upon completion of the initial Project, the estimated maintenance dredging will commence in 2008, and the estimated cost of such maintenance dredging in that year will approximate $3 50,000. The costs of the maintenance dredging are intended to be paid by the Zone, either from tax increment collections, proceeds from bonds, a combination of those two sources, or other moneys made available to the City or the Zone for such purpose. Secondary development within the Zone that includes public improvements is being proposed by the City as local sponsor. Secondary development includes proposed park amenities that encompass approximately 14.2 acres providing access to Packery Channel, the beach, and the jetties; passenger and recreational vehicle parking; walkways; restrooms; and vendor facilities. The location of two potential City park areas is proposed along the area nearest the Gulf of Mexico reach of Packery Channel. The Project, the maintenance dredging of the Packery Channel, and the public improvements associated with the proposed secondary development are found to be "Project Costs" as such term is defined in the TIF Act. The Project Contract The Project is to be constructed by the Corps under the Project Contract. The Project Contract has not been approved by either the Corps or the City, but the City expects execution of the Contract by both parties by Spring 2003. Under the Project Contract, the Corps, subject to receiving funds appropriated by Congress and using the 2 funds expected to be provided by the City through the Issuer, would agree to expeditiously construct the Project. The Project Contract recognizes that Congressional appropriations to date are less than the amount of federal funds required for completion of the Project, and that in the event insufficient funds are appropriated for the federal government's share of Project costs, then Project construction will be suspended or the Project Contract terminated. The federal government expressly makes no commitment to seek additional federal funds for the Project. The City would agree to contribute 35% of the total Project costs, at least five percent of which must be contributed in cash with the remainder being the appraised value of cash or lands, easements, rights-of-way, and suitable burrow and dredged or excavated material disposal areas. The City must deposit its share of projected financial obligations for construction through the first fiscal year of construction within 45 days of notice from the Corps. For each subsequent year, the deposit must be made no later than 60 days prior to the beginning of the fiscal year. The Project Contract obligates the City to operate, maintain, repair, replace, and rehabilitate the entire Project at no cost to the federal government. The City is seeking transfer of a portion of the maintenance cost to the Corps, but at this time no provision has been made for payment of ongoing maintenance costs. Funding of a maintenance reserve from proceeds of an additional series of Tax Increment Contract Revenue Bonds is contemplated by this Plan, but there is no assurance that a maintenance reserve will be funded, nor is there any guarantee that if funded the maintenance reserve would be adequate to pay costs of ongoing maintenance dredging. Reinvestment Zone Number Two, City of Corpus Christi, Texas The Zone was created by the City pursuant to the TIF Act to facilitate development of the land within the boundaries of the Zone, a 1,947.01 -acre parcel located entirely within the City and the County. The Zone became effective on November 14, 2000, and will terminate on December 3 I, 2022, or at an earlier time designated by subsequent ordinance of the City, or at such earlier time that all Zone Project Costs, tax increment bonds, and the interest on all tax increment bonds, have been paid in full (the duration of the Zone). The Zone is located on Padre Island, and intersected by State Highway 361 and Park Road 22 leading from the John F. Kennedy Causeway. A map showing the existing uses and conditions of real property in the Zone is attached to this Plan as Exhibit B. A map showing the proposed improvements to and proposed uses of the real property in the Zone is attached to this Plan as Exhibit C. Pursuant to the TIF Act, the ordinance of the City establishing the Zone also established a Board for the Zone. The Zone Board consists of 12 persons, with one member from each Participant other than the City, and the remainder (but not less than 10) appointed by the City. Name Position Samuel L. Neal President Vice President Javier D. Colmenero Member Brent Chesney Member Rex Kinnison Member John Longoria Member Jesse Noyola Member Mark Scott Member Gabriel Rivas Member Cal Jennings Member Richard Pittman Member John LaRue Member 3 Appointed By City of Corpus Christi Nueces County City of Corpus Christi City of Corpus Christi City of Corpus Christi City of Corpus Christi City of Corpus Christi City of Corpus Christi Del Mar College Nueces County Hospital District Flour Bluff Independent School District Port of Corpus Christi Authority Existing Land Use Existing land -uses within the Zone consist of light commercial development, mixed residential development, vacant unimproved land, and non -developable land, including waterways, roadways and parks. The City has estimated the following current usage within the Zone: Use Acr Vacant 857.1718 Water Area 447.8253 Park 384.5719 Right -of -Way 158.2465 Commercial 33.6232 Medium Density Residential 34.4813 Public/Semi-Public 9.0187 High Density Residential 7.7001 Professional Office 6.0570 Light Industrial 6.5105 Low Density Residential 1.8075 Total 1,947.Q138 Infrastructure Requirements for Development It is the City's policy that infrastructure required for new development within the Zone will be the responsibility of each landowner or developer, similar to any other development that occurs in the City. The wastewater treatment plant and trunk main collection system is in place and is of sufficient capacity to accommodate new development, and sufficient freshwater supply is available to serve anticipated development within the Zone. There are generally roads and streets throughout the Zone, though individual tracts may require additional street construction, sewer collection lines, or water supply lines for development. The City pays for oversize and extra depth costs associated with water and wastewater extensions that are designed to service property outside or beyond the owner's development. The City participates in street development to pay the additional costs for extra width associated with arterial streets or collectors that are designed to be extended beyond the developer's property. The City also pays for the costs of bridges and culverts to extend streets beyond the developer's property. Undeveloped Land Within the Zone Approximately 857 acres within the Zone are unimproved or underdeveloped land The City anticipates that such unimproved land will be developed for residential and light commercial use consistent within existing uses, and additional development must occur before the Issuer can provide for the payment of additional Tax Increment Contract Revenue Bonds (hereinafter defined) required for completion of the Project without adversely affecting the Issuer's ability to pay debt service on the Series 2003 Bonds (hereinafter defined). No representation is made in this Plan with respect to the ultimate development of such property. Project Costs A detailed listing of the proposed public works and public improvements to be undertaken in the Zone, shown by kind, number and location, and the Project costs of the Zone, including, without limitation, the costs of the initial dredging of Packery Channel, the maintenance dredging costs, secondary Project costs, administrative casts ofthe Zone, and other non -project costs (such as water supply improvements and roads that are not intended to be funded through the operation of the Zone), are set forth in Exhibit D. The estimated amount of bonded 4 indebtedness to be incurred to pay initial Project costs, and the timing of when related costs and monetary obligations for implementing this Plan are to be incurred, are set forth in Exhibit D. The City currently estimates that the total amount of Issuer debt necessary to be issued for completion of initial Project costs will not exceed $12,000,000. Secondary development improvements are to be financed as funding becomes available from surplus tax increments or bonds. The City currently estimates the total amount of Issuer debt that may be issued for secondary developments will not exceed $3,000,000. The Plan of Finance The City has created the Zone for the purpose of raising funds needed to provide the City's share of the Project costs, and the Series 2003 Bonds (hereinafter defined) are the first installment of Issuer bonds to be issued for that purpose. The City, the County, Del Mar College, a junior college district and political subdivision of the State of Texas (the "College") and Nueces County Hospital District, a hospital district and political subdivision of the State of Texas (the "Hospital District") each have agreed to deposit to the Tax Increment Fund established for the Zone (the "Tax Increment Fund") certain tax collections arising from their respective taxation of the increase, if any, in the appraised value of real property located in the Zone since November 14, 2000 (hereinafter defined as the (Dedicated Tax Increments"), through the earlier of December 31, 2022, or the date on which any outstanding obligations payable from the Dedicated Tax Increments are finally paid. The City has entered into separate interlocal agreements (the "Interlocal Agreements") with the County, the College, and the Hospital District which sets forth, among other things, the agreement of the City and County, College, or Hospital District, as applicable, to pay to the Issuer the Dedicated Tax Increments (the "Contract Tax Increments") The bonds to be issued to fund Project costs are to be payable solely from the Contract Tax Increments and certain other funds on deposit with JPMorgan Chase Bank, Houston, Texas (the "Trustee") or which may be deposited with the Trustee in the future together with earnings and investments thereon (the "Pledged Revenues"). The City, the County, the College, and the Hospital District (each referred to individually herein as a "Participant" and collectively referred to as the "Participants") have agreed to deposit to the Tax Increment Fund the Dedicated Tax Increments, as described herein. Pursuant to the TIF Act, a taxing unit's tax increment for a year (a "Tax Increment") is the amount of property taxes levied by the unit for that year on the "captured" appraised value of real property taxable by the unit and located in a reinvestment zone. Tax Increments do not result from any increase in the appraised value of personas property (such as equipment or inventory) taxable by the unit and located in a reinvestment zone. The TIF Act defuses captured appraised value ("Captured Appraised Value") as the total appraised value of all real property taxable by the unit and located in a reinvestment zone less the tax increment base of the unit. The tax increment base of a taxing unit (the "Tax Increment Base") is the total appraised value of all real property taxable by the unit and located in a reinvestment zone for the year in which the zone was designated. In the case of the Zone, the Tax Increment Base is the total appraised value of all real property in the Zone taxable by the relevant Participants as of January 1, 2000. Tax Increments result only from Captured Appraised Value in the Zone, which consists of 1,947.0138 acres, approximately 542.8184 of which is publicly owned and not taxable. Exhibit A shows (a) the Tax Increment Base of the Zone, (b) the current (as of the date of this Plan) total appraised value of taxable real property in the Zone and (c) the estimated captured appraised value of the Zone during each year of its scheduled existence. Pursuant to separate Interlocal Agreements between the City and each of the County, the College, and the Hospital District, respectively (the "Interlocal Agreements") the Participants have agreed to deposit all or a portion of their Tax Increments to the Tax Increment Fund. The City, the County, and the Hospital District have agreed to deposit to the Tax Increment Fund 100% of their tax collections on Captured Appraised Value inthe 5 Zone for each tax year that the Zone remains in existence, commencing in tax year 2000. The College has agreed to deposit to the Tax Increment Fund 100% of the its Tax Increments for the first five years (2000-2004) of the Interlocal Agreement, 80% for the sixth year (2005), 60% for the seventh year (2006), 40% for the eighth year (2007), 20% for the ninth year (2008), and none thereafter. The amounts the Participants have agreed to deposit to the Tax Increment Fund are referred to herein as the "Dedicated Tax Increments." The obligations of the Participants to pay Dedicated Tax Increments into the Tax Increment Fund are subject to the rights of any of the holders of bonds, notes or other obligations that have been or are hereafter issued by a Participant that are payable from and secured by a general levy of ad valorem taxes throughout the taxing jurisdiction of that Participant. North Padre Island Development Corporation The Issuer The Issuer is a not-for-profit local government corporation and was established by the City under the provisions of Chapter 431, Texas Transportation Code, and the general laws of the State of Texas to aid, assist, and act on behalf of the City in the performance of the City's governmental functions and to provide a means of financing certain Project costs in connection with the Zone. It is governed by a Board of Directors, whose members are appointed by the City Council. On December 17, 2002, the City Council of the City appointed all of the members of the City Council to serve as members of the Corporation. The Bonds It is anticipated that three series of bonds will be issued by the Issuer to finance the initial costs of the Project. The first series of bonds is anticipated to be issued in the spring of 2003 (the "Series 2003 Bonds"), in comedian with the implementation of this Plan. Should bonds be issued to fund the costs of maintenance dredging, it is anticipated that funds for such use would be included in the third series of bonds to be issued. The Series 2003 Bonds are the first issue of bonds (the "Tax Increment Contract Revenue Bonds") to be issued by the Issuer. The Tax Increment Contract Revenue Bonds, including the Series 2003 Bonds, are secured by the Issuer's pledge of payments to be received pursuant to a Tri -Party Agreement among the City, the Zone, and the Issuer (the "Tri -Party Agreement"). Under that agreement, the Contract Tax Increments will be paid into the Tax Increment Fund at the City's depository. The Bonds will fund a portion of the City's share of the Project Costs. Completion of the Project will require additional funding, which currently is anticipated to be provided through the issuance of additional bonds by the Issuer secured from Dedicated Tax Increments on parity with the Bonds. Secondary development improvements may also be financed from additional bonds. For the Issuer to be able to repay such additional bonds, substantial growth in the taxable values within the Zone must occur, and there is no guarantee that such growth will have been accomplished prior to the timing of funding the remaining phases of the development and carnpletion of the Project_ Growth in taxable values within the Zone is dependent on future development of additional taxable improvements. While the City expects that such additional improvements will be constructed if the Packery Channel is completed, there are approximately 1,838 tracts of land within the Zone owned by approximately 1,054 different owners, and neither the Issuer nor the City has any agreement with any landowner for construction of improvements within the Zone, or knowledge that any landowners intend to construct additional improvements. Without future development within the Zone, there can be no guarantee of additional Dedicated Tax Increments sufficient to pay debt service on bonds issued to finance the Project. A projection of the Project costs to be funded with bond proceeds and the sizing of the bond issues to fund those Project costs is set forth in Exhibit D. The Tri -Party Agreement 6 The City, the Zone and the issuer will enter into the Tri -Party Agreement. Pursuant to the Tri -Party Agreement, the Issuer will provide certain management and administrative services for the Zone. The Issuer is authorized to issue bonds or enter into other obligations to be repaid from Contract Tax Increments but only with the approval of the City Council. The Issuer agrees to use all Contract Tax Increments in a manner consistent with the Plan. The Tri -Party Agreement provides for duties and responsibilities of the City with respect to Dedicated Tax Increments and provides for duties and responsibilities of the Zone with respect to Dedicated Tax Increments. The Dedicated Tax Increments are to be deposited when received into the Tax Increment Fund. The City and the Zone will covenant and agree that they will continuously collect the Dedicated Tax Increments from the Participants in the manner and to the maximum extent permitted by applicable law. To the extent the City and Zone may legally do so, they also will covenant and agree that they will not permit a reduction in the Dedicated Tax Increments paid by the Participants. The City will covenant and agree to annually levy, assess and collect its ad valorem taxes in the Zone. The City and the Zone will agree to pay to the Issuer the Contract Tax Increments in consideration for the Issuer funding certain of the Project costs with the proceeds of the Tax Increment Contract Revenue Bonds. The obligations of the City and the Zone to pay Contract Tax Increments shall be subject to the Tri -Party Agreement and the rights of any of the holders of bonds, notes or other obligations that have been or are hem issued by the City, the County, the College, or the Hospital District that are payable from and segued by a general levy of ad valorem taxes throughout the taxing jurisdiction of the City, County, College, or Hospital District. It is anticipated that the interests of the Issuer in the Tri -Party Agreement will be assigned to the Trustee for the Tax Increment Contract Revenue Bonds under the terms of the Indenture pursuant to which such Tax Increment Contract Revenue Bonds are to be issued. The Tri -Party Agreement may be amended with the mutual consent of the parties; however, any amendment must be accompanied by an opinion of counsel to the Issuer to the effect that such amendment will not materially impair the rights of the owners of the Issuer's bonds or other outstanding obligations. 7 Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT A Forecast of Potential TIF Revenue Flow on North Padre Island (Final Report) Dated: August 2002 ERA Project Number: 14663 Final Report Forecast of Potential TIF Revenue Flows on North Padre Island Submitted to: The City of Corpus Christi August 2002 ERA Project Number: 14663 FRA TABLE OF CONTENTS General Limiting Conditions iv Introduction 1 Approach 2 Participating Jurisdictions 3 Methodology 3 TIF REVENUE ANALYSIS 5 Summary 5 Real Estate Market Discussion 5 TIF Waterfront Properties 2002 6 Growth Rates 10 Padre Island 10 TIF Revenue Conclusions 11 CRA List of Tables and Exhibits Table 1. Taxable Value of Land & Improvement, 2 TIF District - 2000 2 Table 2. Tax Rates for Participating Jurisdictions 3 Table 3. Waterfront Properties by Location and Value within the TIF District 6 Table 4. Average Assessed Land Value by Location 7 Table 5. Average Condominium Assessed Value by Water frontage 8 Table 6. Condominium Properties in the TIF District 8 Table 7. Lake Padre Properties by Tax ID 9 Table 8. Other Non -Exempt Water Front Properties 9 Table 9. Exempt Properties 10 Table 10. Padre Island Growth Rates by Location — 1992-2002 10 Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 11 Table 12. Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 11 Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 12 Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 ($000s) 13 TIP Analysis for North Padre Island — Flnal Page ili GENERAL LIMITING CONDITIONS Every reasonable effort has been made to ensure that the data contained in this study reflect the most accurate and timely information possible, and they are believed to be reliable. This study is based on estimates, assumptions and other information developed by Economics Research Associates from its independent research effort, general knowledge of the industry, and consultations with the client and the client's representatives. No responsibility is assumed for inaccuracies in reporting by the client, the clients agent, and representatives or any other data source used in preparing or presenting this study. No warranty or representation is made by Economics Research Associates that any of the project values or results contained in this study will actually be achieved. Possession of this study does not carry with it the right of publication thereof or to use the name of "Economics Research Associates" in any manner. No abstracting, excerpting, or summarization of this study may be made. This study may not be used for purposes other than that for which it is prepared. Exceptions to these restrictions may be permitted after obtaining prior written consent from Economics Research Associates. This study is qualified in its entirety by, and should be considered in light of, these limitations, conditions and considerations. INTRODUCTION Economics Research Associates (ERA) was engaged to provide the City of Corpus Christi with estimates of tax increment revenues in the proposed North Padre Island Tax Increment Finance (TIF) district. ERA understands that estimated future tax revenues from the district will be targeted to fund a portion of the development cost of funding the North Padre Island Damage Reduction and Environmental Restoration Project. This forecast makes use of data provided by the City of Corpus Christi and the Nueces County Appraisal District covering property tax rates, assessed values, and actual historic taxes paid for the defined TIF district. Data from these sources have been assessed to generate a reasonable estimate of potential tax increment revenue. This report is independent from an earlier report prepared by ERA in the year 2000. This report does not assume any major development in North Padre Island and uses a different methodology to forecast tax revenue in the TIF District. Some numbers are rounded and might differ from the original database. Although every possible effort has been made to present correct information, some errors might be present due to handling of large data sets in a short time period. However, ERA believes that the results are reasonable and concur with the data available. ERA would like to thank all staff members at the City of Corpus Christi and the Nueces County Appraisal District for providing us with data in timely fashion that ensured preparing a comprehensive report. TRA APPROACH The approach followed by ERA first defines the current baseline assessed and taxable value of the proposed TJ E district, using assessment information for land and improvements provided by officials with the City of Corpus Christi and the Nueces County Appraisal District. ERA understands that the base year for the district is calendar year 2000. From this base year value, ERA generates two sets of TIF revenue inputs: • Forecast growth in the taxable value of currently existing buildings and vacant land in the district over a 20 -year period using constant growth rate for all types of properties. • Forecast growth in the taxable value of currently existing land and development in the district using variable growth rates based on location within the district. Growth in assessed values and taxes paid for current improvements and vacant land, as well as new development, beyond levels defined in the base year constitute the increment in property tax revenue that can be captured for potential use in the Packery Channel project. Working with officials at the Nueces County Appraisal District, City officials provided ERA with year 2000 assessed and taxable values for all land and improvements in the proposed TIF district. The following table indicates that the district currently contains vacant land and improvements amounting to $85,870,603 in taxable value. The table breaks down values between home site and non -home site land and improvements, as well as exemptions and adjustments, to arrive at a total taxable value. Exemptions and adjustments are made for homestead, disabled individuals and veterans, and people over 65. Preliminary assessments for 2001 are $98,153,611 and for 2002 $107,588,794. Table 1, Taxable Value of Land & Improvement, TIF District - 2000 Category Valve Land—Home Site $5,491,354 Land — Non -Home Site $23,947,556 Improvements —Home Site $42,200,590 Improvements —Non -Home Site $17,684,297 Sub -Total $89,323,797 Exemptions & Adjustments $3,453,194 Total Taxable Value $85,870,603 Source: Nueces County Appraisal District Looking further at the above table, ERA determined that home site improvements include single-family homes as well as higher -density condominium projects on the seawall. This distinction is important because home site land accounts for only 18% of total land assessed value, but home site improvements account for 70% of total improvements. Participating Jurisdictions Four jurisdictions are contributing 100% into the tax increment fund for the whole period starting in 2001 through 2022. One jurisdiction, Del Mar Jr, College, is contributing 100% into the tax increment fund for the first 5 years, 80% for the sixth year, 60% for the seventh year, 40% for the eighth year, 20% for the ninth year and 0% thereafter. Three jurisdictions will not participate: Flour Bluff Independent School District (ISD), Port of Corpus Christi and Fire District #2. The following table shows tax rates schedule per $100 of taxable value. Table 2. Tax Rates for Participating Jurisdictions Jurisdictions Providing ALL 2001-2005 2006 2007 2008 2009 2010-2022 Increment Jurisdictions City of Corpus Christi Farm to Market Rd. County Hospital Del Mar Jr. Collage Nueces County Port of Corpus Christi Flour Bluff ISD Fire District #2 0.644175 0.005238 0.228028 0.21988 0.350242 0.002117 1.526197 0.022200 0.644175 0.005238 0.228028 0.21988 0.350242 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.175904 0.131928 0.350242 0.350242 0.644175 0.005238 0.228028 0.087952 0.350242 0.644175 0.644175 0.005238 0.005238 0.228028 0.228028 0.043976 0 0.350242 0.350242 TOTAL 2.998077 1.447563 L40359 1.359611 1.31564 1.27166 1.227683 Note: Assuming tax rates do not change Eaumg: Nueces County Appraisal District, City of Corpus Christi Regarding the above tax rates, local officials indicated that they did not expect to see unusual growth in the above tax rates in the near future. Following standard TIF modeling guidelines, ERA has taken the above tax rates and held them constant for the duration of the 20 -year TIF model. With tax rates held constant, key drivers of the forecast become rates of appreciation for existing improvements and vacant land. Methodology In order to estimate a reasonable tax revenue flow, ERA made the following assumptions: • Base tax year is 2000 • 2002 tax rates for each participating jurisdiction are assumed fixed for the whole period (through 2022) • Tax increment fund starts in 2001 • End of TIF district is 2022 • Packery Channel will be completed in 2004 • The TIF district tax revenue flow is completely independent of any potential major development that could potentially have a great impact on other developments and land value. • First to Increase: Value of land and current developments with water frontage in the District excluding beach properties will be the first to increase in value due to the opening of Packery Channel, as it would provide direct access to the Gulf of Mexico. • Magnitude of Increase: Water front properties (vacant land) in the District excluding beach properties will have the greater increase in value compared to properties without water frontage. It is assumed that the value will approach the value of vacant beach properties. Based on the above assumptions, ERA compiled data from the City of Corpus Christi and the Nueces County Appraisal District to estimate current land and improvement value by location in the District. Using Tax ID data, ERA aggregated properties based on their location by defining 4 distinct locations: • Beach • Lake Padre • Other water front properties • Non -water front properties After linking each property to a location, total assessed and taxable values were calculated for each location. Value comparison was established and was later used to estimate growth rates for properties within the District. ERA also aggregated all values of properties on North Padre Island for the past 10 years to estimate an average calculated average growth rate (CAGR) for the island. This CAGB was then applied in the forecast model. Tax rates from the participating jurisdictions were then applied to estimate tax revenue flows. TIF REVENUE ANALYSIS Summary Two scenarios were developed and are presented in this report. The first scenario applies an annual growth rate of 9% from 2003 through 2012, and 3% annual growth rate from 2013 through 2022 for all properties within the TIF District. The 9.1% annual growth rate represents the CAGR of the assessed values of all properties on Padre Island from 1992 through 2002. The second scenario applies different annual growth rates for each property type in the TIF district. Waterfront properties on Lake Padre, the canal and on the proposed Packery Channel are estimated to grow at an annual rate of 24% between 2003 and 2007. During the same period, Beach properties and non -waterfront properties are assumed to grow at 9.1%. From 2008 through 2022, all properties are estimated to grow at the inflation rate of 3% per annum. The 24% annual growth rate represents the estimated CAGR of the total taxable value of TIF properties within the five participating jurisdictions from 1996 through 2001. The two scenarios are conservative and do not assume any new development From 2001 through 2022 and using 2000 as the base year, the first scenario generates a total tax revenue of $63.4 million of which $38.9 million is the TIF revenue. The second scenario generates a total tax revenue of $55.9 million of which $3L3 million is TIF revenue. A detailed analysis follows. Real Estate Market Discussion Economics Research Associates conducted a number of telephone interviews with accredited realtors in Corpus Christi and Padre Island. The general consensus has been that over the past three years demand for good properties, defined as those in good repair, modern appliances, visually appealing and have good access, has increased remarkably. This increase in demand, the limited supply, and a strong market let to an increase in prices. The demand for weekend and seasonal homes from residents of large Texan cities, such as Dallas, Houston and San Antonio is also pushing prices upward. Aging baby -boomers and a healthy economy had lead to strong demand of retirement and seasonal homes in Padre Island. This demand has exceeded the markets ability to supply more housing units. Another factor in the escalation of price and demand is speculation regarding the Packery Channel, which would connect Lake Padre and the Packery Channel to the Gulf of OF Analysis for North Pocky Land — Final Page 5 Mexico. The Channel is perceived as a convenient way to provide access to the Gulf of Mexico from Lake Padre and the intercoastal areas. Some realtors indicated that Lake Padre properties would be more attractive to sailing enthusiasts that would need to be east of the 22 -foot bridge to benefit from the Channel. This is assuming a marina is developed on Lake Padre. Properties without water access, known among realtors as dry or interior properties, on Padre Island can demand a $10,000-$15,000 premium over comparable properties in the city. Some realtors indicated that the difference in price between water -accessible and dry properties on Padre Island is too great to characterize. When asked about Port Aransas and how the market compares to Padre Island. Most realtors indicated that properties in Port Aransas, 20 miles from Corpus Christi, are overpriced and are not comparable in quality. Realtors also indicated that Padre Island has strong attributes and character that would attract investors to develop resorts, something that Port Aransas lacks. TIF Waterfront Properties 2002 Using the micro level data (property tax records) obtained from the City of Corpus Christi and the Nueces County Appraisal District, ERA was able to compile waterfront properties in the TIF District by location and type. The TIF District has 1,930.08 acres with a total assessed value of $107.59 million in 2002. Approximately 51% of land have or will have (after the opening of the Packery Channel) water frontage or 977 acres. Approximately 203 acres or 21% of water front properties are exempt properties. The waterfront properties have a total assessed value of $65.1 million and a total taxable value of $60.6 million. The following tables show waterfront properties by location, land value, improvement value, total exemptions, taxable value, and acreage. Table 3. Waterfront Properties by Location and Value within the TIF District Type Acres Land Value Improvement Total Assessed Taxable Value Value Value Condos Beach 13.45 $2,450,499 828,962,543 $31,413,042 829,048,886 Across from the Beach 3.61 8281,352 83,902,799 $4,184,151 $3,533,871 Other - Lake Padre, Canal 10.93 81,459,001 $11,600,220 813,059,221 811,503,641 Lake Padre 470.66 84,591,013 8938,742 85,529,755 85,517,325 Beach 53.20 82,577,105 84,355,083 $6,932,188 $6,932,188 Exempt 202.86 8[1 $0 $0 80 Other 222.24 $2,517,234 $1,669,836 $4,187,070 84,054,928 TOTAL WATER PROPERTIES 976.95 $13,876,204 851,429,223 865,305,427 860,590,839 Soam: Nueces County Appraisal District, Economics Research Associates TIF Analysis for North Padre Island — Final Page 6 Most of the condominium properties are older developments dating to mid 1980s especially the ones with a beach frontage. Most of the properties on Lake Padre are parcels of vacant land. The other non -classified properties are parcels located on the Canal and what would be on the Packery Channel. Land value, as expected, increase as it approaches the Beach. The most expensive land parcels are those of condominium with beach frontage with over $180,600 per acre. The second highest, on average, are condominium properties on Lake Padre with $133,500 per acre followed by condominium properties located across from the Beach. As expected developed land, although with indirect beach frontage has more value than undeveloped beach parcels. It is plausible to assume that the value of land parcels with beach frontage would more than quadruple in value after it is developed. The following Table shows average assessed value per acre by location. Table 4. Average Assessed Land Value by Location Type Acres Average Land Value (S/Acre) Waterfront Prenerties Condos Beach 13.45 $180,623 Across from the Beach 3.61 $77,840 Other - Lake Padre, Canal 10.93 $133,448 Lake Padre 470.66 $9,754 Beach 53.20 $48,442 Exempt 202.86 $0 Other 22224 $11,327 TOTAL WATER PROPERTIES 976.95 $17,897 Note: Total average land value excludes exempt properties Source: Nueces County Appraisal District, Economics Research Associates There are 16 condominium developments in the TIF district, of which four are located on the beach, three are located across from the beach and the remainder is located on Lake Padre, the canal and Packery Channel. The most expensive condominiums are those with a direct beach frontage. The following table shows average assessed value per condominium by water frontage location CRA Table 5. Average Condominium Assessed Value by Water frontage Type Total Condo Unita Average Condo Assessed Value Condos Beach Across from the Beach Other - Lake Padre, Canal 324 115 399 $96,305 836,384 832,730 Source: Nueces County Appraisal District, Economics Research Associates The following table shows condominium properties by location, acreage, number of units, and average condominium assessed value. Table 6. Condominium Properties in the TIF District Property Name Water Frontage Location Acreage Total Total Land Improvements Value Total Total Number Avg. Assessed Taxable of Units Condo Value Value Value El Constante Beachfront 3.05 $531,178 $5,317,124 Padre Island- Beachfront 4.78 8885,669 813,272,754 Gulfsh+esm La Casa Del Sol Lake Padre 0.70 $94,134 $889,071 Lakeshore Villas Lake Padre 1.26 8153,552 $1,586,544 Leeward Isles Lake Padre 2.58 $168,810 82,761,688 Leeward Cove Lake Padre 0.61 875,632 $585,521 Lorimar Place Canal -2 0.43 $71,650 $303,335 blocks from beach Mystic harbor Parlcr iy 0.94 $122,904 Channel Seahorse Across the 1.03 878,814 street from Beach Nautilus Galleria Across the 1.03 867,502 $1,219,289 street from Beach Pirates Crossing & Lake Padre 0.53 8184,591 81,233,405 Seascape Villa Portofino Beachfront 2.31 $483,538 $5,372,008 Mariners Cay Canal - 2 3.51 8539,544 $2,497,196 blocks from beach Padre Island - Across the 1.55 8135,036 $1,494,152 Surfside street from Beach Padre Isle - Island Beachfront 3.31 $528,142 $4,812,272 House Sand Dollar Canal 0.37 $48,184 S558,458 $5,848,302 $5,581,554 $14,158,423 $13,239,239 $983,205 $1,740,096 82,930,498 $661,153 $374,985 8983,205 $1,459,835 $2,897,168 $646,153 $374,985 $1,185,002 $1,307,906 $1,175,954 $1,189,358 $1,268,172 $1,017,892 $1,286,791 $1,051,791 $1,417,996 $1,337,959 $5,855,546 85,130,665 $3,036,740 82,261,740 $1,629,188 81,464,188 $5,340,414 $5,097,429 8606,642 $366,642 69 884,758 130 $108,911 24 $40,967 24 $72,504 87 $33,684 16 $41,322 10 $37,499 32 $40,872 26 $48,776 45 $28,595 36 $39,389 53 $110,482 136 $22,329 44 $37,027 72 $74,172 34 $17,842 Total 27.99 84,168,880 $44,277,177 $48,446,057 $44,086,398 838 $57,812 Source: Nueces County Appraisal District, Economics Research Associates CRA Beach properties other than condominiums are made up of 31 vacant parcels and one developed parcel which is the Holiday Inn with an assessed value of $4.5 million. There are 12 vacant parcels that range in size from one to approximately seven acres with the largest being 6.98 acres. Most of the remainder parcels are approximately half an acre. There are 10 (0.51 acres) parcels that are valued at $56,250 each or an average of $110,294 per acre. These are the most valued parcels on the beach. The next three tables summarize properties by Tax ID. The first table lists all properties on Lake Padre, the second table shows all other (Canal, Packery Channel, non -classified) water front properties that are non-exempt and the last table shows all exempt properties. Table 7. Lake Padre Properties by Tax ID TAX ID Total Land Total Value improvements Total Total Acreage Assessed Taxable Value Value 6180- 51,636,741 6185- 51,136,341 6175- 5225,114 6125- 51,309,302 6195- $283,515 5820,671 $2,457,412 52,444,982 20.85 50 51,136,341 51,136,341 23.75 565,880 5290,994 5290,994 5.01 552,191 51,361,493 $1,361,493 286.05 50 5283,515 5283,515 135 Total 54,591,013 $938,742 55,529,755 55,517,325 470.66 Source: Nueces County Appraisal District, Economics Research Associates Table 8. Other Non -Exempt Water Front Properties TAX ID Total Land Total Total Value Improvements Assessed Value Total Acreage Taxable Value Legal Description 3730- 5152,759 4793- 5791,199 6170- 5584,752 6205- 5735,000 1115- 5174,019 5111,409 5276,447 50 SO 50 5264,168 $1,067,646 5584,752 5735,000 5174,019 5264,168 51,067,646 5584,752 5735,000 5174,019 1717- 579,505 51,281,980 51,361,485 51,229,343 8.05 Island Fairway Estates 6.75 Mariners Cay Lots 7.58 PADRE ISLAND SEC B 60 PADRE ISLAND SEC 18 138.86 BRYAN WM SUR. 606 LS 64, 129.964 ACS ICL 1.00 Compass Townhomes - 13 units Total 52,517,234 51,669,836 54,187,070 54,054,928 222.24 So^ urce: Nueces County Appraisal District, Economics Research Associates CRA Table 9. Exempt Properties TAX ID Name Acreage 111500000010 STATE OF TEXAS 138.87 111500000050 STATE OF TEXAS 4.03 373000030050 FLOUR BLUFF IND SCHOOL DI 6.5 616500451400 CITY OF CORPUS CHRISTI 3.46 619000000005 STATE OF TEXAS 0 625200000010 NUECES CO 20 625200000020 NUECES COUNTY TRUSTEE 30 Total 202.86 Sourc*: Nueces County Appraisal District, Economics Research Associates Growth Rates Using available data, ERA conducted trend analysis for various areas to establish a trend in property growth rates on Padre Island and in the participating jurisdictions. These growth rates are later used in the forecast models to estimate TIF revenue. Padre Island Using micro level data, ERA compiled the assessed values for all properties in North Padre Island from 1992 to 2002. In 1992, total assessed value for properties on Lake Padre and on the beach were high and decreased in the following years. This is the main reason for the negative CAGR for beach properties and the small figure (less than one percent) for Lake Padre properties for the 10 -year period. North Padre Island, in total, including waterfront and non -waterfront properties had a CAGR of 9.1%, i.e., properties grew on average 9.1% per year between 1992 and 2002. The following table summarizes growth rates for Padre Island by location of properties. Table 10. Padre Island Growth Rates by Location — 1992-2002 Year Padre Island Waterfront Lake Beach Other Non - (All Properties) Condos Padre Waterfront Waterfront CAGR 1992-2002 9.10% 5.99% 0.77% -3.96% 2.03% 10.19% CAGB 1993-2002 10.14% 7.27% 5.45% -2.30% 2.39% 11.06% Source: Nueces County Appraisal District, Economics Research Associates CRA TIF Revenue Conclusions The following tables summarize the TIF District's estimated taxable value, grand total tax revenue and the incremental tax revenue from 2001 through 2022. Scenario 1 reflects an overall average annual growth rate of 9.1% from 2003 through 2012 and an annual growth rate of 3% from 2013 onwards. Scenario 2 reflects annual increase in taxable value of 24% for properties on Lake Padre and other water front properties excluding beach properties. Beach properties, existing condominium properties and properties without water frontage increase 9% in taxable value from 2003 through 2007 and 3% from 2008 onwards. Table 11. Scenario 1. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value $590,873,474 $909,709,774 51,300,406,021 $1,523,320,994 $675,226,929 Grand Total Tax Revenue $8,553,266 $11,899,730 515,964,864 $18,701,553 $8,289,646 Incremental TIF Revenue $2,338,110 $6,251,011 $10,693,770 $13,430,459 $6,181,209 Accumulated TIF Revenue $2,338,110 $8,589,122 $19,282,891 832,713,350 $38,894,559 SaurQe: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Table 12. Scenario 2. TIF District Taxable Value and Revenue, 2001— 2022 2001-2005 2006-2010 2011-2015 2016-2020 2021-2022 Taxable Value 5601,808,948 $912,635,163 $1,072,871,721 $1,243,752,371 $551,305,402 Grand Total Tax Revenue 58,711,564 $11,971,610 513,171,464 515,269,336 $6,768,283 Incremental TIF Revenue 52,496,408 $6,322,891 57,900,370 $9,998,242 $4,659,845 Accumulated TIF Revenue 82,496,408 $8,819,299 516,719,669 $26,717,912 $31,377,757 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates LRA The following exhibit shows the growth in the TIF revenue from both scenarios. Exhibit 1. TIF Revenue Schedule, Scenarios 1 and 2 -..- 1 •.^6-0461 44154'2 I$2100 1 0 $1500 $1500 WOO 00 2001 2002 2003 2004 2005 2006 7007 2000 2009 2010 2011 2012 2015 2014 2015 2016 2017 2010 201! 2020 2031 2022 TIF Analysis for North Padre Island — Final Page 12 CRA The following table shows taxable values, grand tax revenue and incremental TIF revenue from the two scenarios in thousands of dollars. Table 13. TIF Taxable Value and Tax Revenue Schedule, Scenarios 1 and 2 - 2001-2022 ($000s) YEAR TAXABALE VALUE GRAND TAX TIF REVENUE REVENUE Scenario 1 Scenario 2 Scenario 1 Scenario 2 Scenario 1 Scenario 2 2001 $98,514 $98,514 $1,426 $1,426 $183 $183 2002 $107,589 $107,589 51,557 $1,557 $314 $314 2003 $117,376 $118,803 $1,699 $1,720 $456 $477 2004 $127,940 $131,379 $1,852 $1,902 $609 $659 2005 $139,455 $145,524 $2,019 $2,107 $776 $864 2006 5152,006 $161,483 52,134 $2,267 $928 $1,061 2007 $165,686 $179,546 $2,253 $2,441 51,085 $1,274 2008 $180,598 $184,932 $2,376 $2,433 $1,246 $1,303 2009 $196,852 5190,480 $2,503 $2,422 $1,411 $1,330 2010 $214,568 $196,194 $2,634 $2,409 $1,580 $1,354 2011 $233,880 $202,080 $2,871 $2,481 $1,817 $1,427 2012 $254,929 $208,143 $3,130 $2,555 $2,075 $1,501 2013 $262,577 $214,387 $3,224 $2,632 $2,169 $1,578 2014 $270,454 $220,819 $3,320 $2,711 $2,266 $1,657 2015 5278,567 $227,443 53,420 $2,792 $2,366 $1,738 2016 $286,924 $234,266 $3,523 $2,876 $2,468 $1,822 2017 $295,532 $241,294 $3,628 $2,962 $2,574 $1,908 2018 $304,398 $248,533 $3,737 $3,051 $2,683 $1,997 2019 $313,530 $255,989 $3,849 $3,143 $2,795 $2,089 2020 $322,936 $263,669 $3,965 $3,237 $2,910 $2,183 2021 $332,624 $271,579 $4,084 $3,334 $3,029 $2,280 2022 5342,603 $279,726 $4,206 $3,434 $3,152 $2,380 TOTAL $63,409 $55,892 54,999,537 $4,382,374 538,895 $31,378 Source: City of Corpus Christi, Nueces County Appraisal District, and Economics Research Associates Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT B Map: Existing Uses and Conditions in the Zone Padre Island Tax Incremen Financing District (TI I2lal l aaµuu a uu+uuupanl}n1r _..uw 1000 20H 300 i.-.. --. 1 Scare In Feet Copyright 1989-2001 City of Corpus Christi LEGEND Texas Nuece aunty TIF -Area (total acreage 193(M) ) — — Corpus Christi City limit Line - TIF Area Boundary line MU 15MAR01 City Of Corpus Christi, Planning Department Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT C Map: Proposed Improvements and Proposed Uses of Real Property In the Zone Padre Island Tax Increment Finance District OTIF Boundary ,,' , wow 4 _ Welland Vacant A. Orenapa Corridor MWiuin-0.neity Repels Mal High Danarly Residential Moab Horns 1 Public S«ni-Public Pro(asalonal Office Carnmercet lapin Industrial Low.Oenedy Residertl411 Heavy Industrial Source: Department of Development Services Reinvestment Zone Number Two City of Corpus Christi, Texas EXHIBIT D Project Costs and Estimated Cash Flows Reinvestment Zone Number Two City of Corpus Christi, Texas Packery Channel Project Costs and Funding Land, easements, ROW Demolition Utility relocation Site preparation Reach 2 Mobilization & demobilization Dredging Reach 1 Mobilization & demobilization Dredging Overdepth Placement in placement areas Concrete bulkheads Anchored concrete bulkheads Containment sheetpilelcap Sand bypass pipe Bridge scour protection Jetty construction Walkway curbing Concrete walkway Planning, engineering & design Construction management Maintenance dredging reserve(a) Mitigation costs Mollie Beattie monitoring Parldng lot(b) Parks & recreation center(b) Financing, contingency reserves & rounding Funding Sources Corps of Engineers Series 2003 Bonds Series 2004 Bonds Series 2005 Bonds UtlNty and Land Credit General Land Office Grant Surplus Tax Increments or Bonds(b) (a) (b) Total Zone Two Corps of Engineers 5236,200 20,834 104,073 74,219 486,881 602,939 1,348,383 2,912,120 425,236 483,774 1,382,386 2,369,894 0 0 321,421 743,041 9,738,800 0 1,502,309 2,737,680 1,817,640 1,400,000 1,250,000 541,000 750,000 2,000.000 1,410,683 $82,670 7,292 36,426 25,977 0 170,408 211,029 0 471,934 1,019,242 148,833 169,321 483,835 829,463 0 0 112,497 260,064 3,408,580 0 525,808 958,188 636,174 1,400,000 437,500 189,350 750,000 2,000,000 1,410,683 5153,530 13,542 67,647 48,242 0 316,473 391,910 0 878,449 1,892,878 276,403 314,453 898,551 1,540,431 0 0 208,924 482,977 6,330,220 0 976,501 1,779,492 1,181,466 0 812,500 351,650 0 0 $34,659,513 $15,745,274 118,914,240 2,500,000 4,300.000 4,330,000 340,273 1275,000 3,000,000 $2,500,000 4,300,000 4,330,000 340,273 1275,000 3,000,000 518,914,240 118,914,240 534,659,513 115,745,273 Manlntenance dredging reserve either to be flnanoed from the proceeds of Series 2005 Bonds or as funds become available from surplus tax increments, or a combination thereof. Parks & recreation center and parking lot to be Inanced as funding becomes available from surplus tax increments or bonds, or a combination thereof. 118,914,240 Reinvestment Zane Number Two Cly of Corpus Christi, Texas Rockery Channel Bond Fund Assumptions: Bonds Issued: COE - 50.0 million maintenance Ser 2003 - Mar 03 2,500,000 Tax Increment Baan: 83,018,076 City Matt Res from Bands 1,400,030 Ser 2004 - Jan 04 4,300,003 2002TotaI Appraised Value: 107,580,762 GLO Gree 1,275,000 Ser 2005 - Jan 05 4,330,000 2002 Net Appraeed Value 102,440,534 Maintenance annual In 200% 11,130,000 Interest Income: 1.85% Required end Fund Balance 3,000,000 Bad interest rade: 7.5096 Pledged Revenues Debt Service Funds Beginning Captured Value Bond Fund TIF Ending Available for FYE Tex Bond Fund Zane Fbei Protected TIF Interest Fees a Annual Cash Bond Fund Nlslftennnce 7A1 Year Belem* Property(a) Revenue (b) Earnings series 2003 Series 2004 Sires 2006 Total Expenses (c) Flow Balance Dredging 61,16168 15,000 168,106 769, 2002 2001 10,936,710 8 2003 2002 61,168 19,422,458 181,974 1,132 - - 2004 2003 229,274 32,933,000 477,000 4,242 194,792 - 194,792 15,000 563,750 15,000 89,513 271,450500,724 22 590,237 2005 2004 500,724 45,509,000 659,000 9,263 187,500 378,250 2006 2005 590,237 59,664,000 864,000 10,919 187,500 322,500 378,875 888,875 15,000 (28,956) 561,281 2007 2006 561,281 75,613,000 1,061,000 10,384 187,500 322,500 324,750 834,760 15,000 221,634 782,915 2008 2007 782,915 93,676,000 1,274,000 14,484 187,500 322,500 324,750 834,750 15,000 438,734 1,221,649 2009 2008 1,221,649 99,062,000 1,303,000 22,601 187,500 322,500 324,750 834,750 15,000 475,851 1,697,499 2010 2009 1,697,499 104,810,000 1,330,000 31,404 187,500 322,500 324,750 834,750 15,000 511,854 2,209,153 - 2011 2010 2,209,153 110,324,000 1,354,000 40,869 187,500 322,500 324,750 834,750 15,000 545,119 2,754,272 2012 2011 2,754,272 116,210,000 1,427,000 50,954 187,500 322,500 324,750 834,750 15,000 628,204 3,000,000 382,477 2013 2012 3,000,000 122,273,000 1,501,000 55,500 283,750 418,750 449,875 1,152,375 15,000 389,125 3,000,000 389,125 2014 2013 3,000,000 128,517,000 1,578,000 55,500 276,250 507,500 411,250 1,196,000 15,000 423,500 3,000,000 423,500 2015 2014 3,000,000 134,949,000 1,657,000 55,500 268,750 492,500 500,000 1,261,250 15,000 436,250 3,000,000 438,250 2016 2015 3,000,000 141,573,000 1,738,000 55,500 357,500 573,750 485,000 1,416,250 15,000 362,250 3,000,000 362,250 2017 2016 3,000,000 148,396,000 1,822,000 55,500 342,500 551,250 586,250 1,460,000 15,000 402500 3,000,000 402,500 2018 2017 3,000,000 155,424,000 1,908,000 55,500 327,500 625,000 640,000 1,592.500 15,000 356,000 3,000,000 356,000 2019 2018 3,000,000 162,663,000 1,997,000 55,500 312,500 595,000 610,000 1,517,500 15,000 520,000 3,000,000 520,000 2020 2019 3,000,000 170,119,000 2,089,000 55,500 393,750 661,250 676,250 1,731,250 15,000 398,250 3,000,000 398,250 2021 2020 3,000,000 177,799,000 2,183,000 55,500 371,250 720,000 735,000 1,826,250 15,000 397,250 3,000,000 397,250 2022 2021 3,000,000 185,709,000 2,280,000 55,500 445,000 675,000 786,250 1,906,250 15,000 414,250 3,000,000 414,250 2023 2022 3,000,000 193,856,000 2,380,000 55.500 415000 726,250 830,000 1,971,250 15,000 449,250 3,000,000 449.250 31,083,974 806,751 5,488,542 9,180,000 9,017,250 23,685,792 315,000 4,931,102 (a) Tax yeas 2031 & 2002 - Net Appraised Value lees Base Vette. All other years - ERA August 2002 report - Scenario 2, forecasted Total Appraised Values less ERA Base Value. (b) Souroe : FY 2003 - Adopted budget FY 2004 through FY 2029 - ERA August 2002 report - Scene 2 (c) Trustee/Paying Agent fees d 55,000 and TIRZ Administrative Expenses d 510,000 annually. Reinvestrnent Zone Number Two City of Corpus Christi, Texas Packery Channel Maintenance Dredging Costs AssumpMons: Required end Fund Balance 3,000,000 City Maint Res from Bonds t,400,000 Starting Maintenance Expense: 350,000 Maintenance annual incr. 2.00% Interest income: 1.85% Resources Available for Maintenance Dredging Start-up and Total Maintenance Maintenance Maintenance Available Ending FYE Tax Beginning Transfer from Interest Reserve from Total Dredging Less Balance After 7/31 Year Balance Bond Fund Earnings Bonds Available Expense Expenses City Advance City Advance 2002 2001 0 0 0 0 2003 2002 0 0 0 0 0 232,747 (232,747) 232,747 0 2004 2003 0 0 0 0 0 0 0 0 2005 2004 0 0 0 1,400,000 1,400,000 0 1,400,000 0 1,400,000 2008 2005 1,400,000 0 25,900 1,425,900 0 1,425,900 0 1,425,900 2007 2008 1,425,900 0 26,379 1,452,279 0 1,452,279 0 1,452,279 2008 2007 1,452,279 0 26,867 1,479,148 350,000 1,129,146 0 1,129,146 2009 2008 1,129,146 0 20,889 1,150,036 357,000 793,038 0 793,036 2010 2009 793,036 0 14,671 807,707 364,140 443,567 0 443,567 2011 2010 443,567 0 8,206 451,773 371,423 80,350 0 80,350 2012 2011 80,350 382,477 1,486 484,313 378,851 85,462 0 85,462 2013 2012 85,462 389,125 1,581 476,188 388,428 89,739 0 89,739 2014 2013 89,739 423,500 1,660 514,900 394,157 120,743 0 120,743 2015 2014 120,743 436,250 2,234 559,226 402,040 157,188 0 157,186 2018 2015 157,186 362,250 2,908 522,344 410,081 112,264 0 112,264 2017 2016 112,264 402,500 2,077 516,840 418,282 98,558 0 98,558 2018 2017 98,558 356,000 1,823 456,381 426,648 29,733 0 29,733 2019 2018 29,733 520,000 550 550,283 435,181 115,102 0 115,102 2020 2019 115,102 398250 2,129 515,482 443,885 71,597 0 71,597 2021 2020 71,597 397,250 1,325 470,172 452,782 17,409 0 17,409 2022 2021 17,409 414,250 322 431,981 461,818 (29,838) 29,838 0 2023 2022 0 449,250 0 449,250 471,054 (21,804) 21,804 0 4,931,102 141,008 1,400,000 6,756,497 284,387 MDN 2/20/03 Padre Island Tax Increment Finance District Source: Department of Development Services CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 0 1,500 3,000 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\tirz2.mxd Prepared By: MikeN © City of Corpus Christi, Texas 6,000 Feet CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Current Land Use --*R7 co /HIT 1111111111111111111111 / Legend / TIRZ #2 Drainage Corridor Professional Office Current Land Use Park F.`:{:j Commercial / Vacant .„.............. Low Density Residential LJ Public -Semi Public; PSP / Water 7/" Medium Density Residential Light Industrial Natural Area High Density Residential Heavy Industrial / ai : Wetland Mobile Home / / 0 1,450 2,900 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\clu.mxd Prepared By: MikeN © City of Corpus Christi, Texas 5,800 Feet CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Zoning F-R/IO B=2A/I O7S P/97-09 R-2 � R-1 B/IO AfT/IO Al /I O �> B-2/10 •�� / 13'2A/IO/ R-1B/PUD-1110 BB2/10'�� B -2A/10 ; ; ! p A-I=`A� ;c 0 1,350 2,700 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\zoning.mxd Prepared By: MikeN © City of Corpus Christi, Texas 5,400 Feet CITY OF CORPUS CHRISTI, TEXAS TIRZ #2 Future Land Use //2 r�. Legend TIRZ #2 Future Land Use Conservation/Preservation Water Natural Area F & Wetland Vacant AR li7 Drainage Corridor Park Estate Residential li Low Density Residential f//' Medium Density Residential W, High Density Residential Mobile Home Professional Office I._1 Commercial Research/Business Park Tourism ▪ Public -Semi Public Light Industrial ▪ Heavy Industrial 0 1,375 2,750 Printing Date: 8/26/2009 File: H:\PLN-DIR\SHARED\GIS Projects\Legal\TIRZ2\flu.mxd Prepared By: MikeN © City of Corpus Christi, Texas 5,500 Feet NOT TO SCALE - PHASE 1 - SEAWALL PARKING LOT RESTROOMS - PHASE 2 - PACKERY CHANNEL PARKING & OVERLOOKS (NORTH & SOUTH SIDES) PHASE 3 - PACKERY CHANNEL RESTROOMS (NORTH & SOUTH SIDES) PHASE 4 - ADA RAMPS TO JETTIES (NORTH & SOUTH SIDES) PHASE 5 - PACKERY CHANNEL PAVILION (NORTHSIDE) PHASE 6 - ADMINISTRATION & MAINTENANCE BUILDING PHASE 7 - ADA PARKING LOT IMPROVEMENTS AT JETTIE RAMPS PACKERY CHANNEL SIX PACK PROJECT LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/08/2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 18, 2017 Action Item for the City Council Meeting of April 25, 2017 DATE: April 18, 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 Kim B2(a�cctexas.com (361) 826-3169 Purchase and Installation of Playground Equipment at West Haven Park CAPTION: Motion approving the purchase and installation of playground equipment at West Haven Park from Park Place Recreation Designs, Inc., of San Antonio, Texas for a total amount not to exceed $83,200.00, based on the cooperative purchasing agreement with Texas Local Government Purchasing Cooperative dba BuyBoard. PURPOSE: This item is to approve the purchase and installation of playground equipment at West Haven Park. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department and Nueces County partnered to improve West Haven Park, located at 1700 Cliff Moss Dr. Phase 1 of these improvements included a walking trail, exercise equipment, pavilion and an improved grass playing field with irrigation completed by Nueces County. This playground will be Phase 2 of this project, which the City is responsible to complete within one year of Phase 1 as laid out in the interlocal agreement with Nueces County approved by City Council on March 29, 2016 by agenda File #16-0264. 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: Park & Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $287,773.28 $0.00 $287,773.28 Encumbered / Expended Amount $42,192.19 $0.00 $42,192.19 This item $83,200.00 $0.00 $83,200.00 BALANCE $162,381.09 $0.00 $162,381.09 Fund(s): General and Community Enrichment Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement Form 1295 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ ITEM DESCRIPTION QTY. UNIT PRICE SHEET PLAYGROUND EQUIPMENT AND INSTALLATION AT WEST HAVEN TLGPC CONTRACT 512-16 PARK PLACE RECREATION DESIGNS, INC. SAN ANTONIO, TX UNIT PRICE EXTENDED PRICE 1. Alta Glide, Freestanding 1 EA $14,100.00 $14,100.00 2. Ramp, ground to 1' deck with posts 1 EA $3,756.00 $3,756.00 3. Buddy Rocker 1 EA $6,115.00 $6,115.00 4. Groove Slide 1 EA $3,273.00 $3,273.00 5. Accelerator Swing 1 EA $6,915.00 $6,915.00 6. Concrete Slab with integral sidewalk and fluctuation ramp at wood fiber approx 1,915 sq ft 1 EA $16,928.00 $16,928.00 7. Flexiturf rubber Poured in Place Surfacing, approx 1,750 sq ft 1 EA $24,806.00 $24,806.00 8. Installation 1 EA $9,440.00 $9,440.00 9. Payment Bond Fee 1 EA $1,340.00 $1,340.00 10. Freight 1 EA $2,891.00 $2,891.00 11. BuyBoard Contract 512-16 Discount 1 EA $6,364.00 $6,364.00 Total Price $83,200.00 SERVICE AGREEMENT NO. 45443 PLAYGROUND EQUIPMENT AND INSTALLATION AT WEST HAVEN PARK THIS Playground Equipment and Installation at West Haven Park Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Park Place Recreation Designs, Inc. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Playground Equipment and Installation at West Haven Park in response to Request for Bid/Proposal No. N/ A ("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 Playground Equipment and Installation at West Haven Park ("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 six 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 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 Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $83,200.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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 authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Joshua Wentworth Department: Park and Recreation Phone: (361) 826-3483 Email: JoshuaW@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 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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 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 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. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 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: Joshua Wentworth Title: Park and Recreation Superintendant Address: 1201 Leopard St., 2nd Floor, Corpus Christi, TX 78401 Fax: (361) 826-3174 IF TO CONTRACTOR: Park Place Recreation Designs, Inc. Attn: Michael Carlyon Project Manager P.O. Box 18186, San Antonio, Texas 78218s Fax: (210) 832-0115 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 4 of 8 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. (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. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 5 of 8 (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. 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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 8 supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Printed Name: Title: Marilyn Ahrens Vice President Date: 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/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 8 of 8 Attachment A: Scope of Work Scope of Work Installation of playground equipment and poured -in-place fall zone area at West Haven Park: 1) Installation of playground will include (a) Line location (b) Grading for base installation for pour in place surfacing (c) Installation of playground per manufactures instructions 2) Installation of a 1,915 sq ft concrete slab at 4' thick including (a) all material and work to complete forming for concrete pad (b) all material and work to complete reinforcing with wire mesh (c) all material and work to complete placement and finishing of concrete 3) Installation of approximately 1,750 sq ft at required depth per fall height of one poured in place rubber pad including (a) all material and work to complete mixing of bonding agent and rubber surfacing (b) all material and work to complete placement of pour in place rubber pad 4) All material and work to complete clean up All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 1 of 1 Attachment B: Bid/Pricing Schedule PARK PLACE RECREATION IIE' veto eta Park Place Recreation Designs, Inc. OFFICE P.O. Box 18186 San Anton io,TX 78218 PHONE 800-626-0238 210-821-5878 FAX 210-832-0115 EMAIL fun(0m i rac le pa rkp Iace.com WEB www.miracleparkplace.com www.the-art-of-play.co m Date: April 5. 2017 Customer City of Corpus Christi Parks and Recreation Project: Westhaven Park Inclusive Sensory Play Equipment TEM DESCRIPTION Alta Glide, Freestanding 1 $ 14,100470 $ 14,100_00 Ramp, ground to 1' deck (alta glide) with posts 1 3,756.00 3,756.00 Buddy Rocker 1 6,115.00 6,115.00 Groove Slide 1 3,273.00 3,273.00 Accelerator Swing 1 6,915.00 6,915.00 Concrete Slab with integral sidewalk and fluctuation ramp at wood fiber Approx 1,915 sq ft 1 16,926.00 16,928.00 FlexTurl Rubber Poured in Place Surfacing, approx. 1,750 sq ft 1 24,606.00 24,806.00 BuyBoard Discount (6uyEtoard Contract #512--15) (6,364_00) Installation 9,440.00 Freight 2,891.00 Payment Bond $ 1,340.00 Subtotal $ 83,200.00 Tax 0% $ 0.00 'Does not include removal of existing wood fiber or equipment $ 83,200.00 Board° Pricing is for materials/delivery only. Installation is not included unless priced above. CseperarrrePnmxnasrag 'If not priced above and if required, the following items and associated costs/fees will be the responsibility of the customer: Sealed Drawings, Building Permits, Performance Bond, TDLR Registration/Review/inspections. Prices are valid for 60 days after which they are subject to change. Any work not specifically mentioned in this proposal as being included shall be considered excluded The customer will be responsible for any taxes owed. Approved BuyBoard Vendor Contract #512-16 Park Place Recreation Designs Authorized By: Printed Name Signature Date Page 1 of 1 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 Administer 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 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 $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability INSTALLATION FLOATER Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Value of the equipment Page 1 of 5 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 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 Page 2 of 5 • 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. 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. 2017 Insurance Requirements Parks and Recreation Park Equipment and Installation 02/27/2017 sw Risk Management Page 3 of 5 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Purchasing Division 1201 Leopard Street 4th Floor Corpus Christi, Texas 78401 Contract Project name and number: Playground Equipment and Installation at Westhaven Park No. 45443 Award Date of the Contract: Contract Price: $83,200.00 Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800-252-3439 Payment Bond Form Playground Equipment and Installation at Westhaven Park No. 45443 006116-1 Rev. 01-13-2016 Page 4 of 5 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Signature: Surety Signature: Name: Name: Title: Title: Email Address: Email Address: Date: Date: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form Playground Equipment and Installation at Westhaven Park No. 45443 006116-2 Rev. 01-13-2016 Page 5 of 5 Attachment D: Warranty Requirements WARRANTY Buyer agrees that products sold by Miracle® Recreation Equipment Company carry only the following warranty: 1. LIMITED ONE HUNDRED (100) YEAR WARRANTY on aluminum deck posts, steel deck posts, the Versalok" fastening system, and associated fastening hardware against structural failure caused by corrosion or deterioration from exposure to weather, or by defcctivc materials or defective workmanship. 2. LIMITED TWENTY-FIVE (25) YEAR WARRANTY on the perfomtancc of Play Terrain"' Rubber Crumb Safety Surfacing. 3. LIMITED FIFTEEN (15) YEAR WARRANTY on steel support Icgs and Mira -Therm II on KIDS' CHOICE', CENTER STAGE`, MEGATOWERT"', and TOTS CIIOICEsagainst structural failure caused by corrosion, defective materials, or defective workmanship. 4. LIMITED FIFTEEN (15) YEAR WARRANTY on playsystcm steel components including railings, rungs, and rigid climbers against structural failure caused by defective materials or defective workmanship. 5. LIMITED FIFTEEN (15) YEAR WARRANTY on Rockite1 against structural failure caused by defective materials or defcctivc workmanship. 6. LIMITED TEN (10) YEAR WARRANTY on all Play Cover"' steel frames against failure due to corrosion, deterioration, or faulty workmanship, 7. LIMITED EIGHT (8) YEAR WARRANTY on Play Terrain"' Rubber Crumb color steadfast- ness. S. LIMITED FIVE (5) YEAR WARRANTY on all Play CovcrTM fabric due to rot, UV deterioration (shades of red are limited to 3 years), or defective workmanship. 9. LIMITED FIVE (5) YEAR WARRANTY on Kidroxt"' Climbing Rocks and RAINBOW BEND"' and enclosed waterslide fiberglass sections against structural failure caused by defective materials or defective workmanship. Limited one (1) year warranty on all waterslide and pool slide support structures, stairways, landings, and railings against structural failure caused by dcfectivc materials or defective workmanship. 10. LIMITED THREE (3) YEAR WARRANTY on Slasltproof Seats and 360° Bucket Tot Scats for Swings against structural failure caused by dcfectivc materials or dcfectivc workmanship. 11. LIMITED ONE (1) YEAR WARRANTY on TODDLERS' CHOICE' main support materials and decks against structural failure caused by defcctivc materials or defective workmanship. l2. LIMITED ONE (1) YEAR WARRANTY on bleachers against structural failure caused by defcctivc materials or defective workmanship. 13. LIMITED ONE (1) YEAR WARRANTY on all products not listed above including all moving pans and flexible climbers against structural failure caused by dcfectivc materials or defective workmanship. l4. LIMITED SIX (6) MONTH WARRANTY on sewn fabric components on Early Childhood products. 15. These limited warranties do not include fading of colors (except on Play Cover"' and Play Terrain"' Rubber Crumb), damage due to excessive wear and tear, vandalism, or negligence. These warranties are valid only if products arc installed according to manufacturer's installation instructions. 16. All warranties begin on the date of Miracle's invoice. Repaired or replacement part(s) are only warranted for the balance of the original limited warranty. 070056 Rea Al • M.vu, Z Z00p Page 1 of 3 FlexiTURF, LLC. All rights reserved. All information contained within subject to change without notice. Poured -in -Place Warranty Owner: Five (5) Year Limited Warranty for Job Number Located at FlexiTURF warranty for a period of Five (5) years commencing from the date of substantial completion date of and the warranty shall expire on . This limited warranty shall provide for 100% of the cost for necessary repairs caused by the failure of FlexiTURF Poured -in-place surfacing only. This limited warranty includes only FlexiTURF's obligation to repair and/or replace any defective materials or workmanship in the surface area or surface areas that have failed during the warranty period. A failed area/ areas include edge raveling, bubbling, delamination, peeling, and loss of integrity as a result of a failed system. FlexiTURF is under no obligation or responsibility to repair and/or replace Po. red -in- place system due to damage by vandalism, product misuse, abuse or alteration, improper slab or base or sub -base design or construction, improper drainage, improper or lack of maintenance, any foreign residue that may be deposited on the surface, normal wear and tear, damage from sharp objects (high heels, spikes, etc.) or acts of God All warranty claims shall be made in writing to FlexiTURF within thirty (30) days after the Owner has knowledge thereof, but in no event later than thirty (30) days after expiration of the warranty period. The written notification from the Owner shall include the following: the date of the first notice of the failure, details of the failure, and photos of the failed area. FlexiTURF shall then determine the validity of all claims after sufficient evidence has been gathered. FlexiTURF will then notify and schedule a day to replace/repair the system if covered in warranty. Page 2 of 3 Any dispute as to whether and to what extent there is a FlexiTURF Poured -in-place surfacing system failure and a subsequent valid warranty claim within the meaning of this warranty shall be initially dealt with by a joint investigation and discussion between FlexiTURF and owner in order to achieve a mutually agreeable solution. This Limited warranty covers ONLY the FlexiTURF Poured -in-place system. This limited warranty does NOT include the underlying material (. existing surface, existing or new asphalt, concrete, base, sub -base or sub -grade). If the underlying material fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving), A failure in such systems can cause for the failure of FlexiTURF's system. In such cases then FlexiTURF's warranty shall be void. If the underlying material is concrete, a "curing agent" is NOT allowed. Additionally, there is no warranty against surface cracking along expansion joints and underlying cracks, or separating from an adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of ultraviolet rays, unapproved cleaning materials or vandalism. Owner agrees that it will not, under any circumstances, make alterations to the FlexiTURF Poured -in-place surface without the written authorization of FlexiTURF. Any unauthorized alteration by the Owner shall result in the immediate termination of all warranties for FlexiTURF surfacing system. As a result of alterations FlexiTURF will not be liable for injuries, defamation, or improper CSPC/ ADA guidelines. Owner acknowledges that the limited warranty will be voided if the Owner fails to follow the FlexiTURF Maintenance Guidelines. NOTE: The following chemicals can cause potential damage to the FlexiTURF system and should be avoided: disinfectants, concentrated bleach, gasoline, diesel, hydraulic and lubricating oils, acids and organic solvents. If the contract price is not paid in a timely manner as per the terms and conditions of the agreed contract, the limited warranty is automatically voided. Unless noted otherwise in contract, any damages to the surface during the curing period will be repaired or paid for at the Owner's expense. Owner: FlexiTURF: Date: Date: *By signing, you are stating that you have read and understood all terms and you agree with them. Page 3 of 3 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: 2017-189230 Date Filed: 04/07/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Park Place Recreation Designs, Inc. San Antonio, 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. Coritrace #45443 Playground Equipment & Installation at Westhaven Park 4 ' ll 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 `'.r, �p, �+ HqSi.�/// I swear, or affirm, under penalty of perjury, that the • *:� 1\ 5 : *E .r At t 1� J j l'• • 97-Gl1 *t OFP above disclosure is true r and correct. • '3 i 9rPIRES ,••• Z Signature of uthorized agent of contracting business entity AFFIX NOTARY S1O�+ iIR xL ABOVE • Sworn to and subscribed before me, by the saidthis the day of 4(24-4--P . 20 11 , to certify which, witness my hand and seal of office d. e Sign re of officer admini ering oath Printed na ¢f officer administering oath Title of officer administering oath Forms nrovided by Texas Fthir_c Cnmmiceinn unnner athirc ctnta tv fIC Versran V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 18, 2017 Action Item for the City Council Meeting of April 25, 2017 DATE: March 29, 2017 TO: Margie C. Rose, City Manager FROM: E. Jay Ellington, Director JayEll@cctexas.com 361-826-3464 Interlocal Agreement with West Oso ISD for West Haven Park Maintenance CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park located near intersection of Cliff Maus Drive at Rockford Drive. PURPOSE: Authorize an interlocal agreement with West Oso ISD to utilize West Haven Park for school related functions and to offer assistance with maintenance of the park. BACKGROUND AND FINDINGS: In March 2016 City Council approved an interlocal agreement with Nueces County. County Commissioner Joe A. Gonzales partnered with the City to make significant improvements to West Haven Park located across the street from the West Oso ISD administrative offices. The improvements include: a walking trail, lighting, exercise equipment, a multipurpose field with associated irrigation upgrades and a new sign for the park. In the agreement with Nueces County the city committed to make a second phase of improvements which include a split -rail fence around the park, improvements to the playground and other improvements. In order to protect the investment without increasing the maintenance burden required by the Parks and Recreation Department, Commissioner Gonzales and Councilwoman Rubio helped bring WOISD to the table to assist with maintenance and offer the park for use during school related functions. This project could not have been possible without this commitment from WOISD. This agreement is the final piece to a three party project demonstrating how government entities can work together and maximize resources available to improve the community. ALTERNATIVES: Do not approve the agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve interlocal agreements EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal 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: None RECOMMENDATION: Staff Recommends approving the interlocal agreement LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal Agreement and associated exhibits Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park located near intersection of Cliff Maus Drive at Rockford Drive Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: Section 1. That, the City Manager or his designee is authorized to execute an Interlocal Agreement with West Oso Independent School District regarding operation and maintenance of Westhaven Park. A copy of the Interlocal Agreement will be filed with the office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Mayor Corpus Christi, Texas of 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 WESTHAVEN PARK AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND WEST OSO INDEPENDENT SCHOOL DISTRICT This Interlocal Cooperation Agreement ("Agreement") is entered into by and between City of Corpus Christi, Texas, a political subdivision of the State of Texas, herein "City" and West Oso Independent School District ("West Oso I.S.D."), an independent school district and political subdivision of the State of Texas, under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791 of the Texas Government Code. WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness, WHEREAS, City owns property located near intersection of Cliff Maus Road at Rockford Road known as Westhaven Park, ("Premises,"); WHEREAS, the City and Nueces County have entered into an interlocal agreement to enhance the Premises with recreational facilities ("Improvements"); WHEREAS, the West Oso I.S.D. desires to use the Premises for its sports and school - related activities, upon completion of the Improvements; WHEREAS, the City desires to promote its public purpose of public recreation and allow West Oso I.S.D. to use the Premises for activities; WHEREAS, the City and West Oso I.S.D. will derive a mutual benefit from this agreement as West Oso I.S.D. will have use of the recreational facilities, City will be relieved of some maintenance activities on the Premises; WHEREAS, the City will continue to be able to use the Premises and related Improvements and the Premises will continue to be available to the public when no West Oso I.S.D. organized activities are scheduled; NOW THEREFORE, the City and West Oso I.S.D., in consideration of the mutual promises and covenants herein, agree as follows: 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Agreement is three (3) years, beginning on the date of the City's delivery of written confirmation of completion of Phase 1 to West Oso I.S.D., unless sooner terminated as set out herein. The Agreement may be extended by mutual agreement of the parties. Page 1 of 8 2. Contact Person/Agreement Administrator. For this Agreement, the contact person and Agreement administrator for the City is the Director of Parks and Recreation or designee, ("Director"). The contact person and Agreement administrator for West Oso I.S.D. is the Superintendent of Schools or designee ("Superintendent"). 3. Premises and Improvements. City agrees to allow West Oso I.S.D. use of the Premises, as described and delineated in Exhibit A, the site map which is attached hereto and incorporated herein to this Agreement by reference, and all improvements ("Improvements") to the Premises including, without limitation, the basketball court, the grassed areas, and also use of future improvements, including but not limited to Phase 1 and Phase 2 Improvements, to be constructed on the Premises as described and delineated in Exhibit A. The parties acknowledge that additional playground equipment will be installed in lieu of the Phase 2 parking areas and that Phase 2 will not include any parking improvements. The City shall ensure that all Improvements are in compliance with law, including the American Disabilities Act, federal, state, and local laws, regulations, orders and ordinances. The City may implement additional changes to Phase 2 Improvements, which will be reviewed with West Oso I.S.D. prior to implementation. The parties acknowledge that the City's completion of the Phase 2 Improvements is subject to the City's annual budgetary process, and its agreement with the County. 4. Consideration. West Oso I.S.D. may use the Premises for sports and school - related activities and must maintain those areas of the Premises as described herein. Maintenance includes: a. During its school year, on the days when school is in session (and excluding school holidays, breaks, and weekends), West Oso I.S.D. shall pick up and properly dispose of litter on a daily basis from the Premises including the parking lots) whenever the Premises are being used by West Oso I.S.D. and weekly during the rest of the school year. West Oso I.S.D. shall pick up and properly dispose of litter immediately after any West Oso I.S.D. scheduled activity. The frequency of West Oso I.S.D.'s removal of litter will be reviewed by the school district on a quarterly basis; b. West Oso I.S.D. will report any vandalism identified by West Oso I.S.D. to the Director; c. West Oso I.S.D. will supplement the City's mowing schedule by mowing it while the turf is being established (during the school year) and each March, April, May (until the end of the school year), August (upon the start of the school year), September, and October by mowing every -other - week (alternating to supplement the City's mowing schedule), and as needed as determined by West Oso I.S.D. in November, December, January and February; d. Recommended length of grass in sports fields is three (3) inches in height. The grass in the adjacent viewing/access areas at a safe height recommended not to exceed six (6) inches. Page 2 of 8 5. Duties of City. The City shall have the following duties: a. The City shall maintain the Premises at a Level B status as shown on Exhibit B, providing West Oso I.S.D., within two weeks of final approval of this Agreement, with a schedule for the alternating supplemental mowing provided by West Oso I.S.D. 6. Joint Use. City retains joint use of the Premises and Improvements during the term of this Agreement, subject to West Oso I.S.D.'s right to exclusive control of the Premises during its sports and school -related activities. West Oso I.S.D. will provide the City with a schedule of its scheduled sports and school - related activities on or before August 31st each year. West Oso I.S.D. will not deny access to or use of the Premises or areas of the Premises to the general public for unorganized activities when the Premises or those areas are not being used by West Oso I.S.D. City reserves the right to schedule organized sports activities on the Premises, subject to West Oso I.S.D.'s first right of use. West Oso I.S.D. shall provide City through its Director with notice of all West Oso I.S.D. scheduled activities. West Oso I.S.D. school -related sports activities shall take precedence in scheduling. Secondary to West Oso I.S.D. activities, all City scheduled events shall take priority. However, City will endeavor to resolve any scheduling conflicts so as to avoid cancellation/rescheduling of any event. 7. Primary Purpose. West Oso I.S.D. will use and maintain the Premises as a recreational area open to the general public except as set out above with the primary purpose being the youth programs in the form of school -related sports activities. "School -related sports activities" include any school sponsored sports event wherein school faculty and/or employees in their school employment capacity are responsible for or facilitate the sports event. " Any fees charged to sports organizations must be in accordance with Chapter 316 of the Texas Local Government Code, any subsequent amendment thereof. In particular no fees shall be charged to a sports team composed primarily of minors and sponsored and supported by a nonprofit organization for use of the sports fields or basketball court. No fees shall be charged for use of the restroom facility, water for human consumption, or an entrance fee to the Premises. An entrance fee to scheduled West Oso I.S.D. sports games or West Oso school -related sports activities if otherwise allowed by law is permissible. With the exception of the scope of the agreement with West Oso I.S.D., the City will not lease or enter into any agreement for the practice fields' for use by any organization for league games or a tournament. The park will remain a regular public park and open for use by the general public at times of non-use by West Oso I.S.D. 8. Additions and Alterations. a. West Oso I.S.D. shall not make any additions or alterations to the Premises or to any Improvements without the Director's prior written approval. b. All additions or alterations installed by West Oso I.S.D. must be repaired or replaced at West Oso I.S.D.'s expense and may be removed by West Oso I.S.D. at the expiration or termination of the Agreement if they may Page 3 of 8 be removed without damaging the Premises or any Improvements. All additions or alterations made by West Oso I.S.D. which are not removed at the expiration or termination of this Agreement become the property of City without necessity of any legal action. 9. Utilities. City shall pay for the utilities to the Premises. 10. Signs. a. West Oso I.S.D. must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written consent. b. If Signs are approved, the Director, in writing, may require West Oso I.S.D. to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and West Oso I.S.D. must pay the City's reasonable and costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's cost within (30) days of receipt of the invoice constitutes grounds for termination of this Agreement. Alternatively, the City may elect to terminate this Agreement after thirty (30) days written notice to West Oso I.S.D. 11. Advertising. The Director has the right to prohibit any advertising by West Oso I.S.D. which impairs the reputation of the Premises or the City. 12. Insurance. West Oso I.S.D. shall maintain its regular coverage during the time of this Agreement. The City is self insured. 13. Report. West Oso I.S.D. will submit to the City a yearly report detailing its use of the Premises, expenses related to the Premises, and various fees collected. The City will submit to West Oso I.S.D. a yearly report detailing the use of the Premises, expenses related to the Premises, and various fees collected. 14. Non -Discrimination. West Oso I.S.D. shall not discriminate nor permit discrimination against any person or group or persons, as to employment for purposes of this Agreement and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City shall not discriminate nor permit discrimination against any person or group of persons, as to employment for purposes of this Agreement and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. 15. Compliance with Laws. a. West Oso I.S.D. and the City must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Agreement. b. All actions brought to enforce compliance with any law or to enforce any provision of this Agreement will be brought in Nueces County where this Agreement was executed and will be performed. Page 4 of 8 16. Immunity Nothing herein shall be construed as a waiver of the City's or West Oso I.S.D.'s governmental and sovereign immunity, Title 5 of the Texas Civil Practice and Remedies Code, Section 101.051 of the Texas Civil Practice and Remedies Codes as to West Oso I.S.D., and all applicable federal and state law. West Oso I.S.D. is an independent school district organized pursuant to Section 11.011 of the Education Code and as such, is immune from tort actions, except those arising from the use of a motor vehicle in accordance with Section 101.051 of the Texas Civil Practice and Remedies Code. 17. No debts. West Oso I.S.D. shall not incur any debts or obligations on the credit of City during the term of this Agreement. The City shall not incur any debts or obligations on the credit of West Oso I.S.D during the term of this Agreement. 18. Fiscal Funding. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 19. Termination. If there is noncompliance with one or more of the provisions contained herein, the party in compliance shall give the party in noncompliance written notice to cure or begin curing the default(s) within thirty (30) days of receipt of the notice. If the party not in compliance does not come into compliance or in substantial compliance with each provision identified by the other party within thirty (30) days of receiving said notice, the Agreement will terminate for cause upon written notice of termination and listing one or more areas of continued noncompliance. Either party may terminate this Agreement without cause upon sixty (60) days written notice to the other party. However, any termination by the City is effective only upon conclusion of all of the then -scheduled West Oso I.S.D. use of the Premises. This Agreement shall terminate automatically if Phase 2 Improvements, as detailed in Exhibit A subject to further modification as described herein, are not completed within two years of the substantial completion of Phase 1 Improvements. 20. Notice. 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. 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. All such communications must only be made to the following: IF TO CITY: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Corpus Christi, Texas 78401 Page 5 of 8 IF TO WEST OSO I.S.D.: West Oso Independent School District Attn: Superintendent of Schools 5050 Rockford Drive Corpus Christi, Texas 78416 Any party may change the address to which notice is sent by using a method set out above within thirty (30) days after the address is changed. 21. Amendments. No alterations, changes, or modifications of the terms of this Agreement or the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. 22. Waiver. a. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights hereunder. b. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorized the nonobservance on any other occasion of the same or any other covenant or condition hereof. c. If any action by one party requires the consent or approval of the other party on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. d. Any waiver or indulgence of one party's default of any provision of this Agreement shall not be considered an estoppel against the other party. 23. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, act of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. 24. Assignment. This Agreement may not be assigned, or transferred directly or indirectly. 25. Captions. The captions in this Agreement are for convenience only, are not a part of this Agreement, and do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof 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 Page 6 of 8 jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parities to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof 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 thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Entirety Clause. This Agreement and the attached and incorporated exhibits constitute the entire agreement between the parties. EXECUTED IN DUPLICATE, each of which shall be considered an original, and effective on this the day of , 2017. City of Corpus Christi, Texas: Page 7 of 8 West Oso I.S.D. Attest: Name: Name: Title: Title: Page 8 of 8 EXHIBIT A SCALE 1"41OO' PHASE 1 PROPOSED EXERCISE AREA (5 STATIONS) PHASE 2 + PROPOSED PARKING AREA 15 SPACES WITH CONCRETE SIDEWALK PHASE 2 PROPOSED GAZEBO AND PICNIC TABLES ROCKFORD DR PHASE 2 PROPOSED PARKING AREA 20 SPACES WITH CONCRETE SIDEWALK V EXISTING PICNIC TABLE EXISTING COVERED PICNIC TABLE PHASE 2 RENOVATIONS TO EXISTING PLAYGROUND PHASE 1 PROPOSED FIELD LIGHTING (4 TYP.) TM =UMW 6 FOR MM. RENA MO M 616.06) FOR COMMUCTION. MOM% KM! OR ODER lifeLTEMZED MM.= 10 BE KLEMM ery JUAN A PIMA w ow NO. 95847 S/1/ • 424 N LNV CITY OF CORPUS CHRISTI, TEXAS WEST HAVEN PARK IMPROVEMENTS PROJECT PHASE 1 & PHASE 2 EXHIBIT CITY OF CORPUS CHRISTI PARKS STANDARDS OF CARE LEVELS CORE DEFINED TASKS BUSINESS GOLD SILVER BRONZE COPPER ZINC LEVEL A LEVEL B LEVEL C LEVEL D NATURAL AREAS Inspections DAILY DAILY (Mon -Fri) WEEKLY MONTHLY MONTHLY TURF MANAGEMENT MOW 7 DAY 14 DAY 21 DAY SEASONALLY (Trails, Playgrounds, Picnic Units) SEASONALLY (Trails, Interpretive Center) AERIFY YEARLY YEARLY YEARLY N/A N/A SEED/SOD WINTER OVERSEED NONE WILDFLOWERS EVERY OTHER YEAR WILDFLOWERS EVERY THIRD YEAR WILDFLOWERS ONCE PEST CONTROL ANNUAL PRE -EMERGE, PREVENTIVE SPRAY PROGRAM IPM SPOT TREATMENT IPM SPOT TREATMENT SELECTIVE GRASS SUPPRESSION IN WILDFLOWER ZONES SELECTIVE GRASS SUPPRESSION IN WILDFLOWER ZONES FERTILITY <6 # / 1000 sq ft DURING GROWING SEASON 50% WATER INSOLUBLE <7 # / 1000 sq ft DURING GROWING SEASON 50% WATER INSOLUBLE MINIMAL MACRONUTRIENTS N/A N/A IRRIGATION SMART AUTOMATED AUTOMATED/MANUAL MANUAL N/A N/A SANITATION LITTER DAILY DAILY (Mon -Fri) BI WEEKLY WEEKLY Public Areas Daily, wildscapes by volunteers. RECEPTICLES DAILY DAILY (Mon -Fri) BI WEEKLY WEEKLY Public Areas Daily, wildscapes by volunteers. FACILITIES DAILY N/A N/A N/A N/A HORTICULTURAL SHADE TREES Yearly Attention Three Year Rotation Five Year Rotation Ordinance Driven NONE PALMS TWICE YEARLY YEARLY YEARLY EVERY OTHER YEAR NEVER PEST CONTROL Preventive and Reactive IPM Preventive and Reactive IPM Reactive Reactive NONE FERTILITY Liquid Foliar Feed, Complete w/ trace elements, MONTHLY Time released complete. QUARTERLY None None NONE HORTICULTURAL DISPLAYS Annuals with 3 rotations. Perennials, including Tropicals. Native perennials WILDFLOWERS WILDFLOWERS WILDFLOWERS CARE OF DISPLAYS Weekly Monthly None None NONE S IIfIHXT AGENDA MEMORANDUM Future Item for the City Council Meeting of April 18, 2017 Action Item for the City Council Meeting of April 25, 2017 DATE: March 28, 2017 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 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 CAPTION: Construction Contract Yorktown Boulevard from Everhart Road to Staples Street Bond 2014 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LLC Dba Bay, Ltd of Corpus Christi, Texas in the amount of $8,838,277 for Yorktown Boulevard from Everhart Road to Staples Street for Base Bid Part 2 and to execute a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $99,071 for Yorktown Boulevard from Everhart Road to Staples Street. (Bond 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a construction materials testing agreement for the Yorktown Boulevard from Everhart Road to Staples Street BOND 2014 Project. BACKGROUND AND FINDINGS: Bond 2014 Brochure description: "Yorktown Boulevard from Everhart to Staples — This project includes full -depth repair of the existing four lane A-2 Secondary Arterial Divided Street, which has two through lanes in each direction with a center median. Although this roadway is designated as a A-3 Arterial in the Urban Transportation Plan (six travel lanes with center median) consideration is being given to design to roadway as a modified A-1 Minor Arterial roadway due to projected vehicle traffic volumes. The proposed improvements include two through lanes in each direction with a center median, curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Traffic improvements at the Yorktown/Everhart intersection will also be included. Consideration is being given to adding bike lanes." Project Scope: The project includes the full depth reconstruction of existing 4 -lane boulevard section with raised medians that includes new curb and gutter, sidewalks, bus stops, pavement markings and signage. Improvements include widening the intersections at both Staples and Everhart to add one additional designated turn lane. Currently both intersections have one designated turn -lane, one dedicated through lane with one shared turn/through lane. The project also includes upgrades to City utilities for water, wastewater, storm water and gas (constructed by City Crews). The new pavement will be Hot -Mix -Asphalt -Concrete (HMAC) to match the existing pavement and lane configurations constructed under Bond 2004, 2008 and 2012 projects. The project includes the installation of a traffic signal at Everhart and Yorktown. The lane configuration includes on -street bike lanes on both sides of the roadway. This bike lane configuration is not consistent with recommended treatment in the adopted Bicycle Mobility Plan. At the time the Bicycle Mobility Plan was adopted, the Yorktown Boulevard project's design was nearly complete. For several reasons, the project engineer recommended and Engineering staff agreed to retain the on -street bike lanes in the Yorktown Boulevard design (See attached memorandum). The project was developed with a base bid in 2 Parts, one for concrete and one for asphalt. This project bid on February 22, 2017, the City received proposals from five (5) bidders as follows: Contractor Base Bid (Part 1) CONCRETE Base Bid (Part 2) ASPHALT Berry Contracting, LLC dba Bay, Ltd. Corpus Christi, Texas $10,506,860.75 $8,838,277.00 Haas Anderson Construction, Ltd. Corpus Christi, Texas $11,065,482.80 $8,991,447.60 J.E. Construction Services Corpus Christi, Texas $11,064,416.85 NO BID CPC Interests, LLC dba Clark Pipeline Services Corpus Christi, Texas NO BID $11,586,516.04 J. Carroll Weaver, Inc. Corpus Christi, Texas NO BID $12,542,775.48 Engineer's Opinion of Probable Cost $10,117,000.00 $9,490,000.00 ALTERNATIVES: 1. Authorize the execution of a construction contract and construct the project with on -street bike lanes (Recommended). 2. Authorize the execution of a construction contract and direct staff to revise the construction drawings and negotiate a deductive change order to remove the bike lanes. 3. Reject bids and direct staff to redesign and rebid the project. 4. Do not approve this item. OTHER CONSIDERATIONS: Freese and Nichols, Inc. is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $1,201,400 $10,171,345.76 $11,372,745.76 Encumbered / Expended Amount $1,201,400 0.00 1,201,400.00 This item 8,937,348.00 $8,937,348.00 Future Anticipated Expenditures This Project 1,146,073.70 1,146,073.70 BALANCE $87,924.06 $87,924.06 Fund(s): Street and Utility CIP Comments: N/A RECOMMENDATION: City staff and Freese and Nichols, Inc. recommend the construction contract be awarded to Berry Contracting, LLC dba Bay, Ltd in the amount of $8,838,277 for the total Base Bid 2 and a construction materials testing agreement to Rock Engineering and Testing Laboratory, Inc. in the amount of $99,071 for the Yorktown Boulevard from Everhart Road to Staples Street project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Informal Staff Report Presentation Letter of Recommendation Testing Agreement Form 1295 (2) PROJECT BUDGET ESTIMATE Yorktown Boulevard Everhart to Staples BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street BOND 2014 Proposition 1 7,663,000 Storm Water CIP 2,177,635 Wastewater CIP 221,757 Water CIP 1,277,416 Gas CIP 32,938 TOTAL FUNDS AVAILABLE 11,372,746 FUNDS REQUIRED: Construction Fees: Construction (Bay, LTD) THIS ITEM 8,838,277 Streets 5,621,005 Utilities 3,217,272 Storm Water 1,936,196 Water 1,151,166 Wastewater 101,600 Gas 28,310 Contingency (10%) 883,828 Construction Inspection, Testing Fees and Street Lighting' 349,781 Construction Inspection 165,710 Construction Phase - Materials Testing Services (THIS ITEM) 99,071 Street Lighting 85,000 Design, Right of Way Acquisition and Plan Review' 1,031,162 *Engineering Design (Freese) Original and 2 Amendments 1,026,334 Streets 603,232 Utilities 423,102 Storm Water 222,257 Water 89,689 Wastewater 111,157 Gas Right of Way Acquisition 684 Staff Augmentation - Plan Review 4,144 Reimbursement Fees and Miscellaneous' 181,774 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 60,258 Engineering Services (Project Mgt/Constr Mgt) 120,516 Misc. (Printing, Advertising, etc.) 1,000 TOTAL 11,284,822 ESTIMATED PROJECT BUDGET BALANCE 87,924 47 IH -37 Tex as State Aquarium42e Corpus Christi r,7 Sor°tOnir — \ "-Vitit zy 41— v.f3 *. CO ccf co 1 co- _,,,.(tr ....,, CI 44 co Ward isiand gt:33 PROJECT LOCATION 14- LOCATION MAP NOT TO SCALE grifTh t. 6.4.0 67,-• FLOUR UFF Project Number: E13096 Yorktown Boulevard Everhart Rd to S Staples St Bond 2014 Prop 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES INFORMAL STAFF REPORT MEMORANDUM To: Valerie H. Gray, P.E., Exec. Director of Public Works From: Jeffrey Edmonds, P.E., Director of Engineering Servic Date: March 20, 2017 Subject: Yorktown Boulevard Street Improvements: Staples to Everhart ISSUE: The Yorktown Boulevard (from Staples to Everhart) Bond 2014 Proposition 1 Street Improvement Project recently bid and will shortly be going to Council for bid award. The project was designed and bid with a cross section that included on -street bike lanes matching sections of Yorktown improved and constructed under three previous bond street improvement projects along Yorktown Boulevard from Staples Street to Rodd Field Road. This design, as bid, varies from the final version of then Corpus Christi Metropolitan Planning Organization's (CCMPO) Bicycle Mobility Plan. BACKGROUND & FINDINGS: Improvements to Yorktown Boulevard have been made through several Bond projects. The following is a list of the Yorktown improvement projects and status: • Bond 2014 — Staples to Everhart Bid Award April 2017 • Bond 2014 — Everhart to Lake Travis Bids June 2017 • Bond 2012 — Cimarron to Rodd Field Completed • Bond 2008 — Cimarron to Staples Completed • Bond 2004 — Cimarron/Yorktown Intersection Completed The Bond 2014 brochure language for the Staples to Everhart project states: The proposed improvements include two through lanes in each direction with a center median, curb and gutter, sidewalks, ADA curb ramps, and pavement markings. Traffic improvements at the Yorktown/Everhart intersection will also be included. Consideration is being given to adding bike lanes. In 2015, City Council considered various bicycle accommodation alternatives to address budget shortfalls on the Bond 2012 Program. The City commissioned the CCMPO to update the City's Bicycle Mobility Plan in March of 2015. At that time the Yorktown project was beyond 60% design. In May of 2016, City Council adopted the CCMPO Strategic Plan for Active Mobility, Phase 1: Bicycle Mobility Plan. This plan included a new map of proposed bike routes and proposed new treatments for bicycle accommodation (see EXHIBIT 1). When the CCMPO Bicycle Mobility Plan was adopted, the Yorktown Boulevard design was nearly complete but bidding was on hold pending some value engineering on the drainage. The new plan only reflected designated bike routes on Yorktown between Rodd Field and Cimarron and did not include the existing bike lanes on Yorktown between Cimarron and Staples. The preliminary design for the 5taples to Everhart project included a 4' on -street bike lane consistent with the previously improved sections extending approximately two miles from Staples Street to Rodd Field Road. The design engineer (Freese & Nichols, Inc.) recommended that the bicycle lane be extended for the entire length due to the number of potential origins and destinations that would be connected such as parks, schools, trails and other bike lanes. The bike lanes are accommodated within the existing right-of-way by reducing the width of the median. Removing the bike lanes on the Yorktown project would require a redesign of the roadway that would affect a large portion of the project drawings. Deletion of the bike lanes would also deviate from the concept that was presented to citizens in a Public Meeting on June 30, 2014. To avoid the costs, delays and potential complaints from changing the roadway design, staff elected to bid the project as originally designed with the on -street bike lanes. Prior to the new CCMPO guidance, the 4' on -street bike lanes were the accepted standard and have been used on many existing thoroughfares, as well as most current, TXDOT construction projects such as the Weber Road and Staples Street widening projects. The 4' on -street lane was used on the two prior Yorktown Bond projects as well as the Airline Road segment from Rodd Field to Saratoga. Another project with similarities to the Yorktown project was the portion of Ocean Drive that includes a 9 -mile uninterrupted section of on -street bicycle lane extending from TAMUCC to the American Bank Center. The Bond 2012 Ocean Drive Improvement Project from Louisiana to Buford included a 4' on -street bike lane that is currently under construction. The bicycle lane on the Ocean Drive Project was not recommended for redesign since it would have delayed the project and interrupted the continuous on -street bicycle facility that is used by a large number of cyclists. Yorktown Boulevard from Staples to Everhart has some similarities to the Ocean Drive Project. Yorktown Boulevard has an existing 2 -mile long section from Staples to Rodd Field of 4' wide, on -street bike lanes in both directions. The Yorktown Boulevard from Staples to Everhart project will allow the uninterrupted on - street bike lane to continue for another 1/2 mile. The current design provides added safety for vehicular traffic and current on -street bicyclists traveling this route. Including the bicycle lane on the current Yorktown project also provides greater connectivity between potential origins and destinations in the area, and better leverages the existing bicycle facilities on Yorktown Boulevard (see EXHIBIT 2). The design allows for a continuous, bicycle facility from Rodd Field to Everhart that connects the Crossgate Ditch Trail, Bill Witt Park and the future Del Mar Campus. NEXT STEPS: There are sound arguments in favor of retaining the bike lane and building the project as bid. There is also concern that bicycle lanes add cost to projects and should not be included. Following is a list of alternatives that could be considered by council: 1. Award the project as designed and construct the project with bike lanes; 2. Award the project but direct staff to revise the construction drawings and negotiate a deductive change order to remove the bike lanes; 3. Reject bids and direct staff to redesign and rebid the project; 4. Cancel the project. Engineering staff believes that preserving the continuity of on -street bike lanes on Yorktown and the connection of potential origins and destinations for bicycle traffic along the Yorktown corridor justifies Alternative 1. Staff suggests taking the bid award item forward to City Council for consideration with the abovementioned alternatives. EXHIBITS: EXHIBIT 1: Excerpt from the Bicycle Mobility Plan EXHIBIT 2: Revised map showing the existing and proposed bicycle facilities with area destinations G1 m X 00 El 03SOdMid ONV S3 m 1 to v Yorktown Boulevard Everhart Road to Staples Street BOND 2014, Proposition 1 cQi) Corpus Chr sti Engineering Council Presentation April 18, 2017 Project Location Corpus Chr sti Engineering ct" .19 J2j 2051 rtr YORKTOWN BOULEVARD L_1 Project Vicinity Corpus Chr sti Engineering Current and Future Projects Vicinity Map 4000 Corpus Chr sti Engineering E13093 YORKTOWN (Lake Travis to Everhart) E13096 YORKTOWN (Everhart to Staples) - -7 CURRENT PROJECT I BOND 2014 PROP 1 YORKTOWN BLVD PROJECTS co 4 Yorktown Boulevard Existing Conditions Corpus Chrsti Engineering Yorktown Boulevard Existing Conditions Corpus Chrsti Engineering Yorktown Boulevard Existing Conditions Corpus Chrsti Engineering Yorktown Boulevard Pavement Section Corpus Chr°sti Engineering HOT MIX ASPHALT CONCRETE (HMAC) 6" HMAC 13" LIMESTONE BASE 12" COMPACTED SUBGRADE PRIME COAT GEOGRID Project Scope Corpus Chr sti Engineering Full depth reconstruction of existing 4 -lane boulevard section including: • New pavement and lane configuration matching the Bond 2004, 2008 and 2012 projects; • Raised medians with new curb and gutter, sidewalks, bus stops, pavement markings; • Improved intersections at Staples, Everhart and Yorkshire; • New signalized intersection at Everhart and Staples; • Utility improvements including water, wastewater, storm water, and gas (by City Crews); • Improved street lighting; • On -street bike lanes and wider sidewalks. Bike Lane Justification Corpus Chr sti Engineering • Bond language included consideration for bike lanes; • Public meeting in 2014 stated bike lanes were included; • Project was 90% designed with on -street bike lanes at time of Bicycle Mobility Plan adoption; • Prior Bond projects on Yorktown included on -street bike lanes; • Will address the bike lane "dead end" at Staples Street intersection; • Will provide better connectivity to Flour Bluff via Yorktown in the future. Bike Lane Justification Corpus Chr°sti Engineering • Will enhance safety for cyclists and reduce interference with vehicular traffic; • Will provide bicycle connectivity to residential areas and destinations such as parks, schools, trails and commercial areas including Bill Witt Park and the future Del Mar campus. • Provides continuous bicycle accommodation on Yorktown Boulevard from Rodd Field to Weber. 11 Yorktown Boulevard Prior Bond Projects Corpus Chrsti Engineering Yorktown Boulevard Cross Section Corpus Chrsti Engineering 4' BIKE 8' SIDEWALK 11.5' BUFFER LANE 11' TRAVEL LANES 16' LANDSCAPED MEDIAN 11' TRAVEL LANES 4' BIKE LANE 11.5' BUFFER 8' SIDEWALK Options Corpus Chr°sti Engineering Option 1: Option 2: Authorize the execution of a construction contract and construct the project as designed with on -street bike lanes (RECOMMENDED). Authorize the execution of a construction contract and direct staff to revise the construction drawings and negotiate a deductive change order to remove the bike lanes. Option 3: Reject bids and direct staff to redesign and rebid the project. Project Schedule Corpus'111(115Chrsti Engineering 2017 2018 Bidl Award Construction Construction Estimate: 540 days 18 months � NICHOL r - S 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 February 28, 2017 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: Yorktown Boulevard — Everhart Road to Staples Street (Bond 2014) City Project No. E13096 Mr. Edmonds: Innovative approaches Practical results Outstanding service www.freese.com The City of Corpus Christi received five (5) sealed bid proposals for the above referenced project on February 22, 2017 at 2:00 p.m. at the City Secretary's office. The project bid included base bids for both concrete pavement (Part 1) and Hot Mix Asphalt Concrete pavement (HMAC) (Part 2). There are no additive alternates included in the project. Attached are the bid tabulations of the five (5) bid proposals. All five bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. We performed an analysis of the bids and found one mathematical error in the bid proposal submitted by J.E. Construction Services. This error, however, did not affect the outcome of the low bid result. No other errors or irregularities were noted on the proposal forms. The bid breakdown for the five bidders is shown on the attached Tabulation of Bids, and the Base Bids for both Part 1 and Part 2 are summarized below: Bidder Base Bid (Part 1) - Concrete Base Bid (Part 2) - HMAC Bay, Ltd. $10,506,860.75 $8,838,277.00 Haas -Anderson Construction $11,065482.80 $8,991,447.60 J.E. Construction Services $11,064,416.85 NO BID Clark Pipeline Services NO BID $11,586,516.04 J. Carroll Weaver NO BID $12,542,775.48 Bay, Ltd. is the apparent low bidder for this project based on Total Base Bid for both (Part 1) — Concrete and (Part 2) — HMAC. Based on the City's evaluation criteria for this project, Bay, Ltd. is the lowest qualified Bidder, and their Total Amount Bid for Part 2 (HMAC) is within the construction budget. February 28, 2017 Page 2 of 2 Therefore, FNI recommends that the City award the construction contract for Yorktown Boulevard — Everhart Road to Staples Street (City Project No. E13096) to Bay, Ltd. of Corpus Christi, Texas in the amount of $8,838,277.00 for Base Bid — Part 2 (HMAC). If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Nick Cecava, P.E., CFM Attachments: Tabulation of Bids — (Part 1) — Concrete Tabulation of Bids — (Part 2) — HMAC AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING & TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Chief Operating Officer, which agree as follows: 1. DECLARATIONS: City desires to engage Lab to provide services in connection with City's project, described as follows: Yorktown Boulevard from Everhart Road to Staples Street BOND 2014 (Project No. El 3096) ("PROJECT"). 2. SCOPE OF WORK: Lab shall provide services to the Project in accordance with the accompanying Scope of Services and Fee Schedule attached as Exhibit A and the Terms and Conditions to Agreement attached as Exhibit B. 3. FEE: The City agrees to pay the Lab for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this Agreement, a total fee not to exceed $99,071. Monthly invoices will be submitted in accordance with Exhibit C. 4. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 5. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by Lab without the express terms written consent of the City Engineer. However, Lab may use standard details that are not specific to this Project. CITY OF CORPUS CHRISTI ROCK ENGINEERING & TESTING LABORATORY, INC. 03-16-17 Jeff H. Edmonds, P.E. Date rti A. Roc Date Director of Engineering Services Chief Operating Officer 6817 Leopard Street Corpus Christi, TX 78409 (361) 883-4555 Office K:IENGINEERING DATAEXCHANGEIANGIEMISTREET4E13096 YORKTOWN FROM EVERHART TO STAPLES BOND ISSUE 20141ROCK CMT115_1215 TESTING AGREEMENT.DOC Rev. 12/15/15 APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta Date City Secretary Project No. E13096 Accounting Unit: 3551-051 Account: 550920 Activity: El 3096013551 EXP Account Category: 50920 Fund Name: Street CIP BOND 2014 Encumbrance No. KAENGINEERING DATAEXCHANGEIANGIEM STREETtE13096 YORKTOWN FROM EVERHART TO STAPLES BOND ISSUE 20141ROCK CMT1151215 TESTING AGREEMENT.DOC Rev. 12/15115 Wednesday, March 15, 2017 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn: Jeffrey Edmonds, P.E. "GEOTECHNICAL ENGINEERING 'CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) Corpus Christi RETL Proposal Number: P021717A2 Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL1 (TBPE Firrn No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantifies as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for thls project is $99,071.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. In order to best respond to the project testing needs and schedules, please schedule testing a minimum of 48 hours in advance in order to defer any potential delays. RET) strives to accommodate all testing requests as they are received and can make accommodations with advanced notice to schedules Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsiie, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities, Please be advised that Weekend/Holiday/Overtime Laboratory and Field Testing will be billed at an addtlonal -- $33.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY, INC 6817 LEOPARD STREET • CORPUS CHRISTI., TEXAS, 78409 OFFICE: (361) 883-4555 • FAX: 1361) 883-4711 • www,rocktesting.com Wednesday, March 15, 2017 Page 1 of 5 1 EXHIBIT "A" Page 1 of 5 P021717A2 E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) City of Corpus Christi Corpus Christi Jeffrey Edmonds, P.E. 01. LABORATORY P. PERSONNEL Admin Fee LS -Lump Sum ADMINISTRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 I 579.00 $79.00 01. LABORATORY SUBTOTAL $79.00 02. SOILS LIFTS/MIN QTYFREQ QTY RATE AMOUNT A. SOILS - SUBGRADE Existing Subgrade Densities (see plans for frequency) MATERIALS SAMPLING CHARGE PROCTOR - STANDARD ASTM 0698 NUCLEAR FIELD DENSITY Min 3 (ASTM 06938) VEHICLE E. SOILS - BACKFILL Trench Backfill Densities every 200 LF per lift MATERIALS SAMPLING CHARGE PROCTOR - STANDARD ASTM 0698 NUCLEAR FIELD DENSITY Min 3 (ASTM 06938) VEHICLE Wednesday, March 15, 2017 1 1 1 ea 560.00 560.00 1 1 1 ea $2.26.00 5226.00 1 289 289 ea $47.00 513,583.00 1 50 50 trip 548.00 $2,400.00 1 1 1 ea $60.00 560.00 1 1 1 ea $226.00 5226.00 1 250 250 ea $47.00 511,750.00 1 43 43 trip $48.00 52,064.00 02. SOILS SUBTOTAL 530,369.00 Page 2 of 5 EXHIBIT "A" Page 2 of 5 P021717A2 E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) City of Corpus Christi Corpus Christi Jeffrey Edmonds, P.E. 03. FLEXIBLE BASE C. SOUS - FLEX BASE Full Series Densities (see plans far frequency) LIFTS/MIN QTYFREQ QTY RATE AMOUNT MATERIALS SAMPLING CHARGE 1 5 5 ea $60.00 $300.00 ATTERBERG OMITS/PLASTICITY INDEX (with Aggregate) ASTM 04318 1 5 5 ea $99.00 $495.00 GRADATION (Sieve Analysis) 1 5 5 ea $99.00 $495.00 PROCTOR - MODIFIEDASTM 01557 1 5 5 ea $266.00 51,330.00 WET BALL MILL 1 1 1 ea $338.00 $338.00 LA ABRASION (ASTM C131) 1 5 5 ea 5338.00 $1,690.00 NUCLEAR FIELD DENSITY Min 3 (ASTM D6938) 1 482 482 ea $47.00 $22,654.00 TRIAXIAL 1 1 1 ea $781.00 $781.00 CALIFORNIA BEARING RATIO (ASTM 01883) 1 1 1 ea $515.00 $515.00 VEHICLE 1 80 80 trip $48.00 63,840.00 03. FLEXIBLE BASE SUBTOTAL $32,438.00 04.HOTMIX ASPHALT LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1. ASPHALT Full Series ASPHALT FULL SERIES ASPHALT CORED IN PLACE DENSITY SAMPLE PREPARATION CHARGE ROLLING PATTERN VEHICLE Wednesday, March 15, 2017 1 16 16 ea 5667.00 $10,672.00 1 5 5 ea 5104.00 $520.00 1 16 16 ea 572.00 $1,152.00 1 8 8 hr 574.00 5592.00 1 29 29 trip $48.00 51,392.00 04.HOT MIX ASPHALT SUBTOTAL $14,328.00 Page 3 of 5 r EXHIBIT "A" I Page 3 of 5 O5. CONCRETE .1. CONCRETE Box Culverts LF -1 set per 100 LF P021717A2 E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) City of Corpus Christi Corpus Christi Jeffrey Edmonds, P.E. LIFTS/MIN QTYFREQ QTY RATE AMOUNT CONCRETE CYLINDERS (4" x 8"/Min 4) 4 20 80 ea 547.00 $3,760.00 CONCRETE CYUNDERS PICK UP FEE 1 10 10 pour 546.00 $460,00 VEHICLE 1 30 30 trip 548.00 51,440.00 Curb & Gutter LF -1 set every 500 LF CONCRETE CYLINDERS (4" x 8"/Min 4) CONCRETE CYLINDERS PICK UP FEE VEHICLE Curb Post & Grate Inlets EA-1set every 6each 4 20 80 ea 547.00 53,760.00 1 20 20 pour $46.00 5920.00 1 40 40 trip 548.00 $1,920.00 CONCRETE CYUNDERS (4" x 8"/Min 4) 4 3 12 ea $47.00 5564.00 CONCRETE CYLINDERS PICK UP FEE 1 3 3 pour $46.00 5138.00 VEHICLE 1 6 6 trip $48.00 $288.00 Driveways SF -1 per 2500 5F of each lift CONCRETE CYLINDERS (4" x 8"/Min 4) 4 7 28 ea 547.00 51,316.00 CONCRETE CYLINDERS PICK UP FEE 1 3 3 pour $41.00 5123.00 VEHICLE 1 6 6 trip 548.00 5288.00 Manhole Base Footing EA -Ise every 10 each CONCRETE CYLINDERS (4" x 8"/Min 4) 4 2 8 ea 547.00 5376.00 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour 546.00 592.00 VEHICLE 1 4 4 trip 548.00 5192.00 Riprap Aprons & SETs SF-1set every 4000SF CONCRETE CYLINDERS (4" x 8"/M in 4) CONCRETE CYLINDERS PICK UP FEE VEHICLE Sidewalks and Curb Ramps 5F -1 set every 4000 5F CONCRETE CYLINDERS (4" x 8"/Mln 4) CONCRETE CYLINDERS PICK UP FEE Wednesday, March 15, 2017 4 1 4 ea 547.00 5188.00 1 1 1 pour 546.00 $46.00 1 2 2 trip 548.00 596.00 4 1 10 40 ea 547.00 51,880.00 10 10 pour 546.00 5460.00 Page 4 of 5 I EXHIBIT "A" l Page 4 of 5 P021717A2 E13096 Yorktown Blvd - Everhart to Staples (Base Bid Part 2) City of Corpus Christi Corpus Christi Jeffrey Edmonds, P.E. VEHICLE 1 Storm Manholes EA -1 set every 2 each CONCRETE CYLINDERS (4" x 8"/Min 4) CONCRETE CYLINDERS PICK UP FEE VEHICLE WingwaIs EA -1 per each 20 20 trip $48.00 $960.00 4 9 36 ea $47.00 $1,692.00 1 4 4 pour 546.00 5184.00 1 8 8 trip 548.00 5384.00 CONCRETE CYLINDERS (4" x 8"/Min 4) 4 1 4 ea 547.00 $188.00 CONCRETE CYLINDERS PICKUP FEE 1 1 1 pour 546.00 546.00 VEHICLE 1 2 2 trip 548.00 596.00 P022417A1 Added Lime Stabilized Subgrade P022417A2 Subtracted Test Strip for Item P-401 Wednesday, March 15, 2017 05. CONCRETE SUBTOTAL. $21,857.00 GRAND TOTAL $99,071.00 Page 5 of 5 EXHIBIT "A" Page 5 of 5 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data conceming such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: EXHIBIT "B" Pagel of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab 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 IEXHIBIT "B" Page 2 of 6 EXHIBIT "B" I Page 3 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab 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. Lab 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 costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) 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 EXHIBIT "B" I Page 4 of 6 Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non -Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab 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. Lab 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 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) 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; and (c) Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab'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. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. 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 lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://whrw.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi 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-d isclosurefindex. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. EXHIBIT "B" Page 5 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. IEXHIBIT "B" I Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees m m= m W CD -a 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). COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/0112017 Sample form for: Payment Request AE Contract Revised 02/01/17 Total Current Previous Total Remaining Percent 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 Invoice Invoice 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 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% 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: 2017-179379 Date Filed: 03/16/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. 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 Engineering Services 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. E13096 Yorktown Blvd.- Everhart Rd. to Staples St. (Bond 2014) Total Base Bid Part 1 $10,506,860.75 Total Base Bid Part 2 $8,838,277.00 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ �NIwomooNIp1,% 6 AFFIDAVIT �,�`� b. R. Lk-,6',',, gN Q �'•, I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. :', .. •'Y•-v , �.0 it �l 9 y's to pP � .- a * s of��.• c s gnature ei authorized agent of contracting business entity AFFIX NOTARY srAS Pi T A� Vta� aN.NNtlMM/ /' %��j Sworn to and subscribed before me, by the said Jn n (men +z , this the E w �� day of I' rvI rCk 20�, to certify which, witness my hand and seal of office. . i — per✓m� e, if �rcia_ (er 1\1PtiMSi IC__ administering oath Title of officer�mmistering oath nature of officer g administering oath Printed name of officer Fnrrnz nrnwir,Cri kV Tn.r e- Ct40.... r+,......,.-t__:- www.etnics.state.tx.us Version V1.0.277 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: 2017-179427 Date Filed: 03/16/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, 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. E13096 Construction Materials Engineering 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. ,,,,..,,,:,,,:.0.0,,.,,,t.ANDREA II. CANTU 3i••j'�{ `F, Notary Public, State of Texos u,•Fisix#,Comm. Expires 05-10-2020 ''••,,,,,,,oss Notary ID 12492050/ J..._ 1 f business ignature of a tho ed agentcontracting entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said ��A��r-i1 .i xi-- , this the day of air__ 3 20 1 , to certify which, witness my hand and seal of office. 1 2flcbP.i ()� AidrB tkul I la.n1 1e "w`-1 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 V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of April 18, 2017 Action Item for the City Council Meeting of April 25, 2017 DATE: April 10, 2017 TO: Margie C. Rose, City Manager From: Mark Van Vleck, Assistant City Manager, Public Works, Utilities & Transportation Thru: Dan Grimsbo, Utilities Executive Director Interim Clarence L. Wittwer, Director of Water Esteban Ramos, Water Resource Manager Resolution of Support for the City of Corpus Christi Application for State Water Implementation Fund for Texas CAPTION: Resolution requesting financial assistance from the Texas Water Development Board for payment of costs of studying, evaluating, determining feasibility of, and undertaking preliminary design work relating to a Seawater Desalination project; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from the State Water Implementation Fund for Texas; and other matters in connection therewith. PURPOSE: The City of Corpus Christi is working in a collaborative effort with a stakeholder group to evaluate the feasibility of developing a drought -proof seawater desalination water supply. The purpose of the present financial assistance application is to complete the planning phase of this initiative. The State Water Implementation Fund for Texas is a financial assistance program administered by the Texas Water Development Board and accessed by local governments across the State of Texas. Texas Water Development Board financings provide affordable, state financial assistance for projects in the state water plan. The program helps communities develop cost-effective water supplies by providing low- interest loans, extended repayment terms, deferral of loan repayments, and incremental repurchase terms. The City is now seeking authorization to submit an application to the Texas Water Development Board for financial assistance (in the form of the Texas Water Development Board deferred loan) in an amount not to exceed $2,750,000. BACKGROUND AND FINDINGS: A collaborative effort was undertaken in Corpus Christi by a diverse stakeholder group to evaluate the feasibility of developing a drought -proof seawater desalination water supply for industrial use. During Phase I of the project, the efforts resulted in the definition and selection of a preferred prospective Industrial Seawater Desalination project. However, there are several fundamental activities that needed additional definition and concurrence prior to initiating of Phase 11, the actual project's procurement and implementation. The purpose of the present financial assistance application is to complete the planning phase of this initiative and includes the following components: • Establish a cost allocation methodology and water utility rate framework for the desalination project; • Determine the legal, administrative, financial and technical requirements for a local government corporation (LGC) to act as the project agency; evaluate organizational options and assist with designation of a Project LGC; • Prepare and execute the agreements necessary to support the LGC's role as the project agency; • Adopt a project procurement methodology; • Secure funding for the project's late -exit and procurement activities during the 2018 SWIFT funding cycle; • Examine concentrate management strategies for seawater desalination; • Select and assist in securing a desalination facility site; • Develop a Desalinated Water Infrastructure Integration Plan; and, • Prepare and initiate implementation of a Source Water Characterization Plan; • Provide outreach to assist in the implementation of desalination activities in Corpus Christi. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office • Financial Services • Utilities Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD FOR PAYMENT OF COSTS OF STUDYING, EVALUATING, DETERMINING FEASIBILITY OF, AND UNDERTAKING PRELIMINARY DESIGN WORK RELATING TO A SEAWATER DESALINATION PROJECT; AUTHORIZING CITY STAFF AND CONSULTANTS TO COORDINATE THE SUBMISSION OF THE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR FUNDING FROM THE STATE WATER IMPLEMENTATION FUND FOR TEXAS; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Corpus Christi, Texas (the City) deems it necessary to apply to the Texas Water Development Board (the Board) for financial assistance; and WHEREAS, in accordance with the rules and regulations of the Board, which govern the procedures in making such an application, the governing body of the City is required to pass a resolution to accompany such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: 1. The City hereby requests that the Board, from its State Water Implementation Fund for Texas, grant financial assistance to the City in the amount not to exceed $2,750,000 (as a loan or by the purchase of obligations of the City and the receipt of the largest amount of grant funds lawfully available from the Board) for payment of costs of studying, evaluating, determining the feasibility of, and undertaking preliminary design work relating to a seawater desalination project. These obligations will be issued by the City in one or more series. 2. The City Manager or Director of Financial Services of the City is hereby authorized to execute and submit to the Board the application for such financial assistance, and the City Manager or Director of Financial Services of the City, together with bond counsel, financial advisors and consulting engineers named in such application, are authorized to appear before the Board in support of such application and to make the required assurances and representations to the Board in accordance with the rules, regulations, and policies of the Board. 3. A certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Board, and the City Secretary of the City is authorized and directed to prepare and certify such number of copies of this Resolution as may be required for purposes of supporting the submission of such application to the Board. 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City. 82501233.4 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Resolution would have been enacted without such invalid provision. 8. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 82501233.4 -2- PASSED, ADOPTED AND APPROVED on the 25th day of April, 2017. Attest: City Secretary (SEAL) APPROVED THIS 25TH DAY OF APRIL, 2017: City Attorney 82501233.4 -3- CITY OF CORPUS CHRISTI, TEXAS Mayor THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 25th day of April, 2017, authorizing the City to request financial assistance from the Texas Water Development Board, which resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL OF SAID CITY, THIS THE 25Th DAY OF APRIL, 2017. 82501233.4 -4- City Secretary That the foregoing resolution was read for the first time and passed on this the 25th day of April, 2017, by the following vote: Mayor Rudy Garza Carolyn Vaughn Paulette Guajardo Ben Molina Michael Hunter Lucy Rubio Joe McComb Greg Smith PASSED AND APPROVED, this the 25th day of April, 2017. ATTEST: Rebecca Huerta City Secretary 82501233.4 Mayor Pro Tem AGENDA MEMORANDUM City Council Meeting of April 18, 2017 DATE: TO: March 20, 2017 Margie C. Rose, City Manager THROUGH: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com 361-826-3082 FROM: Dan Grimsbo, Interim Executive Director of Water Utilities DanG@cctexas.com 361-826-1689 Utilities Department Water Meter Program STAFF PRESENTER(S): Name 1. Dan Grimsbo 2. Wes Nebgen OUTSIDE PRESENTER(S): Title/Position Department Interim Executive Director Water Utilities Assistant Director Water Utilities Name Title/Position Oraanization n/a BACKGROUND: To provide an overview of the Utilities Department water meter program to the City Council. LIST OF SUPPORTING DOCUMENTS: Presentation — Water Meters and Automatic Meter Reading Water Meters and Automatic Meter Reading Council Presentation April 18, 2017 Objectives 1. Identify components of the City of Corpus Christi's automated meter reading (AMR) program. 2. Outline the number of service connections and sizes. 3. Illustrate types of meters and registers. Automatic Meter Reading (AMR) Meter Transmission Unit (MTU) Data Collection Unit (DCU) Utility Billing Office (HTE) STAR Database Meter Transmission Units (MTU) • Meter Transmission Units (MTUs) are programmed with the type of meter, size, and service location. • MTUs carry a full warranty for the first ten years and prorated warranty for the following ten years. 4 STAR Database MTU2404765, P0161 Readings 11002/ngs for the past 60 and 90 days JJItems Per Page I25VI JJ 0.23120171193:28 PM 1003) 0335450 0312312017 113150 AM }CDT) 0335300 0312212017 11:16:93 M ICDT) 0335300 03122120W03/221201111/2120 AM }CDT} 0335240 03121/2017 10148:36 PM }093) 0335150 03121/2017 103546 AM }CDT} 03.35100 03120/2017 10:1103 PM }CDT) 0335030 03120/2017 10/27:10 AM 0003} 0331950 0310120170353:13 PM 10 DT) 0334850 0311912017090_3351 AM }CDT) 03311700 0311412017092499 PM 10 DT) 0334000 031181201709:13:35 AM }C100} 0331354 03117/2017 09 /20 9 4 PM 10 DT) 0334250 0.17120170895010 AM }CDT} 03.33900 0311.201704:36.22 PM }003) 0333700 0311912017032127 AM }C100) 0333800 031151201708.6:53 PM /003) 0333550 0.15120170736:54 AM }01)T) 0333500 0311412017 0791,22 M ICDT/ .3339.0 03114120170727:53 AM }010T} 0333940 0.1312017 07:10:19 M ICDT) 0333330 031131201706:59:14 AM }003} 0333390 031121201706:47:00 PM 10 DT) 0333100 03112120170553,3 AM }003) 03328160 03)111201705:2190 PM }05T) 0332700 Pate In stalked: 0612212010 5227:12 PM CDT Meter Se I,.4: WT00023052 Meter Type: 3.00. ro rger 519z314 T-10 Pr... 6 Olgd 10 Gal Error Leoend 600 400 200 0 6226'2317 Daily Consumption, 02/23/201700 03/2412017 0 mutormig 447 im rfm ,..,,,—,,ip Iiiiilf,TillitillrIliirl 0310512017 03112'2017 33`1912317 8000 6003 4000- 2009- Monthly Consumption, 12)01)2016 to 03/24/2017 9- 11/2916 12`2016 01/2017 0212317 03,.`2017 94/2017 5 STAR Database Constant Consumption Water use never returning to zero points to a possible leak ACCO Interval Consumption, 10101!2016 to 1 213 112 01 6 4 44 3 4 e e3 6 1 232:1 11702016 1120i21116 1200016 12!11J2016 ,2 2.6660 AM 1200:COAM 12A6.60 AM 12:60:00 Ptd 12:00:00. 6 STAR Database Sprinkler System 20CC 1500 i7 1000 502 Interval Consumption, 09!0112016 to 09/30/2016 II 1 1 I II 4 4a 44 14 a POn o 4 q;' es Med . • 09/01 2016 99;942016 99;972916 99;152916 99132916 09n62916 99;192916 0922291s 99252916 992a2916 12:00.90 AM 12.90:00 AM 12.WD0 AM 12:00.90 AM 02:00:00AM 12:00:00 AM 12:00.90 AM 12:00:00 AM 12.00:66 AM 12:00:90AM Distribution Meter Statistics ■ 5/8" ■ 3/4" ■ 1" 1-1/2" ■ 2" ■ 3" and up Total Connections: 93,525 Types of Meters > Positive Displacement Meter o Most common, especially among residential applications. > Current/Velocity Meter o Mostly commercial and industrial accounts. > Compound Meter o Utilized in applications where both low and high flow exist such as hospitals and apartment complexes. Positive Displacement Meter The City utilizes Neptune T-10 meters with %", %" and 1" connections Advantages ✓ Reliability ✓ Excellent low flow accuracy. ✓ Accurate over broad range of flows. ✓ Inexpensive Disadvantages X Limitations at high flows due to pressure loss. X Limitations in size due to forces on ball and disk. 10 Turbine Meter The City utilizes a Neptune High Performance Turbine (HPT) meters with connections that are 1-1/2" and larger. Advantages ✓ Turbine meters are accurate at variable, iz; ,;, intermediate and high flow ✓ Durable at increased velocities associated with high flows. ✓ Low pressure loss Disadvantages X Slightly less accurate at low flows X A straight run of pipe upstream and downstream of the meter needs to be installed to allow homogenization of the flow pattern 11 Compound Meter Advantages ✓ Allows accurate measurement at both high and low flows Disadvantages X Cost prohibitive for many a pplications 12 Registers > Registers record the volume of water passing through the meter > Neptune ProRead registers are used on both T-10 and High Performance Turbine (HPT) Neptune meters. ■ Less Expensive ■ Durable ■ Measures flows to 1/10th of a gallon 13 AGENDA MEMORANDUM City Council Meeting of April 18, 2017 DATE: TO: March 27, 2017 Margie C. Rose, City Manager FROM: Daniel McGinn, AICP, CFM, Assistant Director of Planning & ESI DanielMc@cctexas.com (361) 826-7011 North Beach Redevelopment Initiative STAFF PRESENTER(S): Name Title/Position Department 1. Daniel McGinn, AICP, CFM Assistant Director Planning & ESI 2. Keren Costanzo, LEEP Senior City Planner Planning & ESI 3. OUTSIDE PRESENTER(S): Name Title/Position 1. Kelsey Berry Principal 2. BACKGROUND: Organization Gateway Planning Consultant Presentation of North Beach Redevelopment Initiative work to -date. LIST OF SUPPORTING DOCUMENTS: PowerPoint — North Beach Redevelopment Initiative Exhibit A NORTH BEACH Redevelopment Initiative 6 City Council Presentation April 18, 2017 0 THE VISION This initiative was undertaken to align investment and vision for North Beach. • The community has undertaken multiple rounds of planning initiatives and recommendations • The new Harbor Bridge also presents opportunity for more development and reinvestment into the community • How can these plans be aligned and implemented under a vision for redevelopment? 0 PUBLIC ENGAGEMENT • Gateway Planning was hired by the City to craft a vision for North Beach based on the community's input — The Gateway Team met with North Beach stakeholders over a two-day period in September 2016 on the USS Lexington • Stakeholders included: residents, business owners, land owners, developers, City Staff and Elected Officials, R/ODAT, and members of the North Beach Community Association 0 WHAT WE HEARD • Transportation between Downtown and North Beach a missed opportunity • NB has potential to be a walkable, mixed-use neighborhood, especially around the aquarium and USS Lexington • Existing infrastructure needs improvement, including stormwater, utilities, roads and sidewalks WHAT WE HEARD • More parks and trails, as well as an eco -tourism destination • City should consider a TIF program for North Beach to help finance some of the improvements • Housing and housing options are a key issue Traffic movement on/off the new Harbor Bridge should not limit or cut off access to the existing North Beach destinations 0 WHAT WE HEARD • A first conceptual vision was released in January 2017 and was presented to the public in February. — Over 120 citizens and stakeholders attended the meetings and provided input to City Staff • These comments were then integrated into a revised redevelopment vision. COMMENT SHEET OPEN NOOSE NORTH OE. REDEVELOPMENT INITIRTIVE II you would like to maks a eaten comment or have apneas about the project, phase fill auI the lalbwing infoimaGon ata warn yourco memotes emote Nine - O eaw Marne:� D�m.nle. Caasole re ge..ke l LL. ersre,_�- r - r otter ,a id 0k Iw- L see s; aLe. WPM, Londe b; 4u "Ll, ca..ec- 41..wL„✓1- Nor Fl Real... l,llre,e ;r lacrl+'_5 Ler ,..A It.c vtII C. eroll t b' t F4 a k�rb,r ti ISS 6 NORTH BEACH REIMAGINED • A new eco -tourism destination • Improved access to Surfside and Timon from the new Harbor Bridge • Integrated housing options — Attached/Detached Single Family — Multifamily — Mixed -Use (Hotel/Hospitality) • Bioswale Esplanade 7 0 ECO -TOURISM • "Gateway" into North Beach • Eco -Park with birding, water amenities, trails, dolphin watching, etc. • Wetland and stormwater mitigation 8 0 BEACHFRONT • Hotel and Mixed -Use development opportunity • Outdoor pedestrian plazas and parklets • Beach access and trail integration • Multifamily housing 9 ENTERTAINMENT DESTINATION • Surfside and Timon realigned for direct access to Aquarium and USS Lexington • Integrated retail and housing options • Structured parking • Roadway and infrastructure improvements 10 0 THE OVERALL VISION 0 NEXT STEPS • No Council Action today • Gather Community Feedback The Gateway Team will finalize the illustrative and 3D model based on City feedback Make recommendations and identify potential future capital improvement program projects 12 925130 ex Legend 1 Single Family Detached 2 Multi -Family 3 Single Family Attached 4 Retail/Office 5 HotelMospitality 6 Mixed -Use 7 Restaurant/Destination 8 Eco -Destination (a) Dolphin Viewing (b) Bird Watching (c) Wetland/Water Amenity 9 Texas State Aquarium 10 USS Lexington 11 Bioswale and Trail 12 Harbor Bridge 13 City Park Entry Road 14 Potential Tourism Destination North Beach Redevelopment Initiative 1 Alternative 1 Corpus Christi, Texas April 07, 20171 DRAFT EXHIBIT A 0