Loading...
HomeMy WebLinkAboutC2011-330 - 9/27/2011 - ApprovedEXHIBIT II: JOINT LAND USE STUDY CONTRACT Agreement for Consultant Services Corpus Christi Joint Land Use Study The City of Corpus Christi, Texas, hereinafter called "City ", and Matrix Design Group, Inc., hereinafter called "Consultant ", hereby agree as follows: I. SERVICES TO BE PERFORMED The Consultant hereby agrees, to perform all services, at their expense, necessary to research, document, and complete the scope of work to complete the project described as follows. A preliminary project schedule is shown on Exhibit A. This schedule illustrates the major work tasks, deliverables, and public involvement events (including committee meetings). The schedule must be fine -tuned in developing the formal project approach with Corpus Christi JLUS Team during Element 1. II. SCOPE OF WORK Element 1: Committee Formation, Project Kickoff and Project Strategy Element 1 accomplishes two major items. The first is the project strategy, which includes a kick -off meeting with City staff relative to contract initiation and project logistics. This task outlines project management and public involvement activities that will run from project start until JLUS completion. PROJECT KICK -OFF MEETING The Matrix Team shall conduct one (1) kick -off meeting with the Policy Committee (PC) and the Technical Advisory Group (TAG) to coordinate the start of the JLUS project. This meeting will cover the following topics: • Introduce and identify key members of the Matrix Team to City staff; • Suggest additional agencies, organizations, and individuals pertinent to the JLUS planning process; • Identify key individuals to be included in the stakeholder interviews (see Element 2: Tiger Team Interviews); • Propose a public outreach plan for public meetings, charettes, and website; and • Propose a Tiger Team Interview concept to ensure all stakeholders provide input. For this project to be successful, continuous interaction between the Matrix Team and City staff will be required. The Matrix Project Manager will be the key planning / technical contact to City staff and the Policy Committee and Technical Advisory Group. The Matrix Project Manager shall work routinely with staff during preparation of the JLUS to ensure a consistent approach is maintained, to resolve issues quickly, and to ensure the development of a superior product. Coordination conference calls with the City staff and the Matrix Team must be conducted at regular intervals to ensure all parties are up -to -date and project deadlines are being met. Element 1 Products: • One (1) Kick -off meeting with PC and TAG • Provide a list of recommended stakeholders • Public outreach plan, including meetings, charettes, and a website Element 2: Inventory and Mapping 1 Stakeholder Interviews The Matrix Team shall compile the most up -to -date and available data from the appropriate agencies to create a JLUS GIS Database. Spatial data mapped for the study area will include existing land use, future land uses, zoning, environmental constraints to development, infrastructure and transportation systems, AICUZ data, base operations /SOP and Corpus Christi International Airport data. 2011 -330 M2021 -204 Page 4 of 23 09/27/11 Matrix Design Group, Inc. INDEXED It is the intent of this effort to use available mapping data that is provided to the Matrix Team. Matrix assumes that the State, County, local jurisdictions, and NAS Corpus Christi will provide available GIS information at no cost for use on this project. The JLUS GIS database, created by Matrix, will be considered the "warehouse" of all data collected, processed and used in this study. Since the GIS system accommodates an almost unlimited number of geographically referenced layers of information, it is an ideal tool for the storing, querying, and performing overlay analysis of interrelated and non - related data. Once the GIS database is fully populated with relevant information, it must be used to support this JLUS development. The City will provide all available data requested by Matrix in ESRI- compatible format. Matrix shall use the data to perform needed analysis, prepare figures for the JLUS, and to support workshops and meetings. The objectives for this task include the following: • Create a zoning district maps for study areas. • Map population and development trends within the study areas during the past five to twenty years and project future trends in 5 year increments up to at least the next 20 years. • Map environmental constraints. These constrains may include, but are not limited to floodplains, steep slopes, wetlands, ponds, open spaces, conservation areas, endangered species habitat, and protective agricultural or wildlife preserves. • Map and analyze information from adopted reports and studies including but not limited to: the most current NAS Corpus Christi (NASCC) Air Installation Compatible Use Zones (AICUZ) report, base operations /standard operating procedures, and Corpus Christi International Airport data. • Identify existing Comprehensive Plans, local codes, ordinances, and regulations that control or reduce potential conflicts between land uses and military operations or that could conflict with military operations. • Identify any infrastructure or community facilities and public improvements existing, planned or proposed in the study areas. These facilities may include but are not limited to universities, schools, roads, parks, hospitals, places of assembly, public buildings and complexes, stadiums, detention and retention ponds, water and sewerage extension, telecommunication facilities, alternative energy facilities which may conflict with AICUZ guidelines. • Identify and map areas where the existing density of residential or business development is inconsistent with AICUZ guidelines. • Identify and map areas where the existing uses are non - conforming with zoning and where the uses are also inconsistent with AICUZ guidelines. Where significant "data gaps" exist, Matrix shall inform City staff and the PC as early as possible. Matrix shall "fill in the gaps" where feasible with alternative methods of data procurement or substitute data must be discussed and provided by Matrix as necessary. "TIGER TEAM" STAKEHOLDER INTERVIEWS AND CONSULTATIONS Interviews are an opportunity to personally define and explain the project objectives or receive feedback, comments and suggestions directly and informally from stakeholders in an informal setting. These activities increase stakeholders' understanding of the project, including its purpose and need, while helping to resolve misunderstandings and to reduce opposition and concerns. Consultations should be reserved for select key stakeholders, such as elected officials, regulatory and government agency representatives, military officials, and City and County planners, and should occur during the initial task of the project. The stakeholder interviews must be conducted during a "Tiger Team Stakeholder Interview Week" to obtain critical information for the planning process and to identify compatibility factors. Matrix will conduct up to twenty (20) individual or group interviews, but not less than 15 interviews, during a one week session. Page 5 of 23 DATA INVENTORY REPORT Following the first round of data collection, the Matrix Team shall provide a memorandum to the City's Project Manager detailing the data collected to date, data identified but not provided, and areas where typically utilized data is not available (or a source has not been identified). Using this memorandum as a basis, the Matrix Team shall work with the City's Project Manager and appropriate members of the TAG to collect missing data. JLUS BEST PRACTICES As part of this task, Matrix shall prepare an overview of best practice techniques and standard tools that are used to address compatibility. This information must be compiled based on the Consultant's extensive experience in developing JLUS documents as well as research we have conducted relative to best practices. Matrix currently maintains a library of all available JLUS as a reference. Element 2 Products: • Collect and review existing data sources and compile into a JLUS GIS Data Base that is in ESRI- compatible format. • Draft Data Inventory Report: One (1) electronic copy and eight (8) print copies. • Provide a review of existing regulations and other pertinent data • Create area maps of existing land use, future land use, existing zoning, environmental constraints, AICUZ safety zones, non - AICUZ compatible land uses • Conduct up to twenty (20) stakeholder interviews Element 3: Analysis of Land Used and Potential Conflicts with Military Mission Compatibility, in the context of military readiness, can be defined as the balance and / or compromise between the needs and interests of the community and the military. The goal of compatibility planning is to promote an environment where both entities can coexist successfully. Building on information collected in earlier tasks and from input provided by the PC and the TAG, the Matrix Team shall conduct an analysis of conditions in the study area to identify existing and future compatibility issues. This analysis will also identify the influence of regulatory measures on land use decisions and consider existing and projected development trends within the study area. The information collected must be used to identify trends and possible compatibility issues within the study area. Data to be analyzed includes the following key items: • Identify existing land uses located within current noise and aircraft hazard areas as identified in the NASCC AICUZs to determine compatible and incompatible uses and zoning. • Evaluate adopted Future Land Use and Transportation Plans with regard to potential conflicts / compatibility with AICUZs, base mission objectives, etc. • Identify growth objectives for the areas surrounding the NASCC and NALFs and evaluate against impact of anticipated study area growth on military missions and operations. • Evaluate planned NASCC, NALF Waldron and Cabaniss and CC International operating procedures and impact on surrounding communities and possible mitigation measures. • Identify potential conflicts between industry and other development plans that could impact NASCC and the NALFs and CC International. • Zoning Analysis - Identify areas where the existing zoning is not consistent with FAA and AICUZ guidelines. COMPATIBILITY FACTORS Matrix shall use and refine a set of 24 compatibility factors that have been used on previous JLUS programs to help ensure all compatibility issues are identified and addressed. These factors address items include, but are not limited to, vertical obstruction, noise, vibration, safety as listed on Exhibit B. Page 6 of 23 Element 3 Products: Develop initial Compatibility Issues section of JLUS that will describe: Existing and future land use conflicts using a parcel level analysis. • Areas with existing or potential noise and safety hazards due to aircraft, ground training, and firing range use • Identify potential future aircraft or other noise generating operations at Corpus Christi NAS • Project the growth potential of the study area in relation to the military growth objectives using five year intervals at least out to 20 years. • Identify undevelopable and developable vacant land in the study areas. • Identify unique nature areas (flood plains, wetlands, open spaces conservation areas) that could create a permanent natural buffer between the military installations and reside ntiallbusiness development. • Identify threats to existing and future airport operations (NAS and CC International). • Identify any other compatible use related threats to existing or future air operations. Element 4: Analysis of Future Development Potential FUTURE DEVELOPMENT POTENTIAL ANALYSIS This task will focus on the future development potential of the study area. Using data and information collected and analyzed earlier in the process, including stakeholder interviews from the real estate and development industry, the Matrix Team shall develop future development scenarios for the study area and determine compatibility conflicts. Matrix shall complete the following key tasks: • Evaluate the impact of infrastructure expansion on developable vacant land in the study area. • Determine future growth scenarios in the study area. • Identify potential changes to the adopted Future Land Use and Transportation Plan to create compatible land uses for undevelopable and developable vacant lands. • Suggest methods and model ordinances for encouraging economic development consistent with AICUZs As mentioned above, information about existing land use, infrastructure capacity and expansion potential, safety 1 hazard areas, noise constraints, natural constraints, transportation systems, and so forth, must be factored into the development of the future scenario. This scenario must be prepared with input from City staff to ensure it is a realistic outcome for the area and strikes a good balance between compatibility resolution and economic development potential. FUTURE LAND USE IMPACT ASSESSMENT The Matrix Team shall use GIS mapping to facilitate preparation of the future land use scenario. This mapping must highlight compatibility conflicts with existing and future land uses, as well as identify any zoning district or Comprehensive Plan land use designation inconsistencies. As with previous tasks, this task will use the same set of 24 compatibility issues detailed earlier. Element 4 Products: • Produce land use maps that delineate the future development scenario. • Prepare a draft memorandum that summarizes the future scenario. Element 5: Develop Land Use Compatibility Recommendations EXISTING REGULATIONS/ POLICIES The Matrix Team shall use the data and information collected during Tasks 1, 2, 3, and 4 to identify potential land use compatibility conflicts, develop land use compatibility maps and to identify proposed changes to the adopted Comprehensive Plan. Matrix shall provide maps of the draft land use compatibility analysis and assessment of AICUZs. Page 7 of 23 Element 5 Products: • Produce land use compatibility maps that delineate potential conflicts and proposed changes to the Comprehensive Plan. • Prepare a draft memorandum that summarizes the compatibility recommendations. Element 6: Land Use Compatibility Recommendations EXISTING REGULATIONS 1 POLICIES Matrix shall identify existing codes, land use regulations, ordinances, and policies that may reduce potential future conflicts between civilian land use and military operations and activities. The primary plans and programs that are currently used or applied in evaluating and addressing compatibility issues in the study area and the plans and programs used by the installation to direct its planning efforts must be examined. NEW REGULATIONS 1 POLICIES 1 IMPLEMENTATION STRATEGIES The Matrix Team shall identify potential new measures, both regulatory and non - regulatory, to encourage land use compatibility within the study area. Recommendations must be offered for the military, City of Corpus Christi, and agency partners in developing options that will meet Total needs and will enhance relationships. Matrix shall develop specific implementation strategies tailored for the city and county governments. These strategies must include recommendations for operational changes to missions to mitigate off - installation impacts, as well as noise attenuation standards, land exchanges, land acquisition, development incentive programs, conservation easements, transferable development rights program (TDR), performance standards, special overlay zones, and special procedures for reviewing developments with potentially substantial impact within the study area. Matrix shall work closely with the PC and TAG in the development of the recommendations. Matrix must develop a process at the local level for the city and county to work with the State of Texas, NAS Corpus Christi, DoD and other federal agencies to support compatibility between development of regional renewable energy resources (if applicable) and NAS Corpus Christi military missions. The DoD Energy Siting Clearinghouse requirements and standards must be used to advise and guide this process to facilitate the early submission of renewable energy project proposals to the clearinghouse for military mission review. As a study, the JLUS must make recommendations for changes or additions to existing regulations or to recommend development of new regulations. The process to adopt these regulations will be conducted outside of this study by the affected jurisdictions and agencies, following each entities' process and public participation requirements. Element 6 Products: • Prepare a draft Recommendations section of the JLUS that includes strategies that address the issues and regulatory deficiencies identified. • Conduct public workshop forums to solicit input on JLUS findings and recommendations. Element 7: JLUS Report Development 1 Adoption The draft report must be organized into sections that provide a basis for the recommendations proposed. The organization proposed (and subject to discussions 1 modifications) could include: • Section 1, introduction. • Section 2, Existing Conditions • Section 3, Compatibility Issues • Section 4, Existing Plans and Programs • Section 5, Recommendations • Appendices* Page 8 of 23 *Appendices must include model ordinance(s) or existing ordinance modified Airport Overlay, Military Influence Area, BASH Ordinance, sales disclosure, etc. or other appropriate documents. PREPARE DRAFT JLUS The Matrix Team shall prepare a Draft JLUS. for review by the TAG. The Matrix Team shall provide an electronic version and twenty (20) bound copies of the Draft JLUS report to the JLUS Staff for distribution review, and comment. PREPARE FINAL RECOMMENDED JLUS After receipt of comments and further direction from the TAG on the Draft JLUS, the Matrix Team shall develop the Final Recommended JLUS. Matrix shall provide an electronic version and twenty -five (25) bound copies of the Final Recommended JLUS. This report must be submitted for public comment for a specified period of time as determined in consultation with the JLUS Team. At the completion of the review period, all comments must be consolidated in preparation of producing the Final JLUS. PREPARE FINAL JLUS REPORT Following the review of the Final Recommended JLUS reports by the public and the military, the Matrix Team shall prepare the Final JLUS. This report must include revisions and final comments from the JLUS Staff, committees, and the Office of Economic Adjustment (OEA). Twenty -five (25) high quality print copies of the Final JLUS must be provided by the Matrix Team. PREPARE DRAFT EXECUTIVE SUMMARY A Draft Executive Summary must be developed as a stand -alone document. This product must be provided to the City in electronic format along with five (5) print copies for review by the PC, TAG, and Corpus Christi NAS officials. FINAL EXECUTIVE SUMMARY Final comments must be consolidated into the Final Executive Summary. The Matrix Team shall provide this product in electronic format and eighty (80) print copies. PRESENTATION TO LOCAL GOVERNING BODIES The Matrix Team shall present the Final JLUS for consideration at one meeting each before the PC, Planning Commission and Corpus Christi City Council. The cost estimate provided in this proposal is based on the following assumptions: • Attendance at a total of three public hearings • The hearings must be schedule to occur during the same week, The adoption proposed is based on the acceptance of the JLUS and agreement to pursue implementation of the JLUS and its recommendations. Element 7 Products: • Prepare Draft JLUS report (five (5) electronic and twenty (20) print copies) • Prepare Final Recommended JLUS report (five (5) electronic and twenty -five (25) print copies) • Prepare Final JLUS report (five (5) electronic and twenty -five (25) print copies) • Prepare Draft Executive Summary (five(5) electronic and five (5) print copies) • Prepare Final Executive Summary (five (5) electronic and eighty (80) print copies) • Present Final JLUS to local governing bodies (three (3) meetings) Public Involvement Overview The Matrix Team shall use a very open and thorough public involvement process that allows no single interest to dominate and ensures that all segments in the affected study area have access to frequent and timely Page 9 of 23 progress reports, meaningful and convenient methods of participation, and timely access to draft documents in advance of public workshops. Various methods must be used to facilitate the distribution of information and provide venues for effective public input. The Matrix Team shall facilitate, organize, and staff all public meetings, as well as prepare and distribute meeting minutes. POLICY COMMITTEE (PC) AND TECHNICAL ADVISORY GROUP(TAG) MEETINGS The purpose of the PC and TAG is to provide feedback and suggestions to the JLUS Team and to serve as communications liaisons to their respective stakeholder groups. These committees will be important in developing and maintaining relationships between key stakeholders, interested community members, and the JLUS Team. Note: Meeting 2 must be scheduled concurrent with the public forum to solicit input on JLUS findings and recommendations. The recommended discussion topics at the PC and TAG meetings are listed below: • Meeting #1 — Kick -off Meeting, review work plan, and identify preliminary compatibility issues. • Meeting #2 — Present results of compatibility findings; overview of future trends (community growth trends, foreseeable military operations), • Meeting #3 - Present the draft documents and receive comments on the draft recommendations. This meeting must be conducted during the public review period. • Meeting #4 — To be conducted between the compatibility fundings and final draft document to provide additional discusssion and understanding for key stakeholders PUBLIC WORKSHOPS Matrix shall use `workshops' that conveys a team - oriented environment to participants. These public workshops must give attendees an opportunity to discuss issues, review draft tools, and provide input on implementation strategies. A dual- format public workshop must be used This format involves a traditional presentation and oral comment session that is preceded by an informal, open house poster station session staffed by Matrix Team members. The open house format allows individuals to speak to team members on a personal, one -on -one basis, while the presentation session allows individuals to make comments on the record. Per the RFP, Matrix shall conduct workshops at the key project milestones discussed below. In order to minimize costs, Matrix shall coordinate the scheduling of the public workshop on the same day or within on day of PC and TAG meetings. Public Workshop #1 — Introduction and definition of the JLUS project; Overview of existing conditions and land use and development trends; and military missions from NAS Corpus Christi. This workshop must be held at one (1) central location in the study area. (1 Workshop) Public Workshop #2 — Present draft compatibility factors, issues and location of areas of concerns. This workshop must be held at two (2) locations in the study area. (2 Workshops) Public Workshop #3 — Present draft recommendations and strategies. The draft document must be referenced. This public workshop must be conducted during the public review period. This workshop must be held at two (2) locations in the study area. (2 Workshops) GENERAL PUBLIC INVOLVEMENT AND COMMUNICATION TECHNIQUES It is essential to provide meaningful opportunities for interested parties to make contributions in shaping the outcome of the project. The following paragraphs detail the variety of outreach opportunities that are included in our Scope of Work for this JLUS. Page 10 of 23 Project Website As part of the public involvement and communication process the Matrix Team shall create and host a project website to provide public and media access to project information, informational materials, and documents. The Matrix Team shall incorporate JLUS - related materials and other resources pertaining to compatibility planning on the website. The website address must be made readily available on all public information and media outreach materials produced by the Matrix Team. The Matrix Team shall invite local staff input on creation of a JLUS project wehsites. Sample JLUS websites include: www. cam prileajlus.corn and www.campbuilisilus.com JLUS Informational Brochures The Matrix Team shall prepare fifty (50) copies each of three (3) informational brochures to be distributed to the public during the JLUS planning process. These brochures must cover the following: 1. JLUS Overview l Standard Compatibility Factors. The first brochure must describe the purpose, goals, and objectives of the JLUS program and an overview of the standard compatibility factors that could occur in the study area. 2. JLUS Strategy Toolbox. This brochure provides an overview of the strategy types that could be considered when addressing compatibility issues. 3. JLUS Executive Summary. The final brochure must be prepared to provide a summary of the Corpus Christi NAS JLUS. Public Involvement Overview Products: The Matrix Team shall develop a Public Involvement Plan in consultation with City staff, the PC and the TAG. Matrix shall obtain the services of local firm to assist in the execution of the Public Involvement Plan. A Public Involvement Plan must document: • Specific points in the process for each public involvement opportunity; • Detailed plans for engagement with the media to provide positive coverage of the JLUS throughout its development; • Recommendations for a Matrix -run project website design and purpose; The design and purpose of each public outreach event; B. POINT OF CONTACT - The Assistant City Manager will designate a single point of contact for all communications, information, and documents to pass through. Any actions taken by the Consultant on instructions, information or concurrence provided by or through any other source will not be compensated under this contract. C. ORDER OF SERVICES - The Consultant agrees to begin work immediately after written authorization from the Assistant City Manager. III. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $225,000. This fee will be the full and total compensation for all planning services provided and expenses incurred in performing the tasks specified. The fee consists of a fixed fee for the Scope of Work, and an allowance for additional meetings and planning services for implementation of the Joint Land Use Study. The table "Summary of Fees" must be used when calculating the fee due for the proportion of services completed. The City will make prompt payments in response to Consultant's statements for Professional Services. Page 11 of 23 Billing for services provided must be based on the Consultant's estimate of the percent of services complete at the time of billing. However, in no case may the billing exceed 95% of the fee for each phase until said phase is complete in the sole opinion of the Assistant City Manager or his designee. Consultant shall submit quarterly statements for work authorized by the Assistant City Manager and performed by the Consultant. The statement must be based upon Consultant's estimate and concurrence by the City of the proportion of the total services actually completed at the time of billing. The City will make prompt quarterly payments in response to Consultant's quarterly invoices. All invoices must be accompanied by a cover letter summarizing the fee in accordance with the Summary Schedule of Fees. Invoices must be sequentially numbered for each project and state the project name. The letter must state the number of the current invoice, the contract fee for each task, the amount previously invoiced for each task, and the current amount due. Invoices must be organized to accommodate funding sources. Summmy of Fees: • Completion . 1 Committee Formation, Project Kick Off and Project Strategy Month 2 $12,920 2 Inventory and Mapping Month 5 $30,160 3 Analysis of Land Use /Potential Conflicts with Military Mission Month 5 $12,410 4 Analysis of Future Development Potential in Study Area Month 6 $14,270 5 Develop Land Use Capability Recommendations Month 9 $17,510 6 Development of Land Use Capability Recommendations Month 11 $19,940 7 Prepare Final JLUS Report Month 12 $34,200 Subtotal (not including meeting costs ) $141,410 Two additional and two sets of public meetings Exhibit A $17,200 Six meet! n slpresentations Exhibit A $25 Public outreach option and local firm assistance Exhibit A $16,500 Total $200,910 Allowances Must be Authorized • . Task Comple Additional Meeting Cost not to exceed $4,300 per meeting To Be To Be Determined Determined Implementation To Be To Be Determined Determined Total Allowance $24,090 Grand Total Fixed Costs and Allowance $225,000 *Assumes two (2) staff and two (2) days of staff time and all reimbursable costs. Page 12 of 23 IV. TERMINATION OF CONTRACT The City Manager may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address specified below. If termination occurs prior to the final completion of all work contemplated by this contract, the Consultant will be paid a reasonable compensation for the services actually rendered in accordance with the above - described schedule of fees and in proportion to the amount of work done on such stages or phases as have been authorized. The foregoing may not be construed to require the City Manager to compensate the Consultant for any services not performed in a proper, professional manner. V. NOTICE ADDRESS Correspondence concerning this contract shall be sent to the City and Consultant as follows: City: Consultant: Juan Perales, AICP Mike Hrapla, Principal 1 Project Manager Assistant City Manager Matrix Design Group, Inc. City of Corpus Christi 2435 Research Pkwy #300 P.O. Box 9277 Colorado, Springs, CO 80920 -1070 Corpus Christi, TX 78469 -9277 443 - 995 -1295 361- 826 -3245 fax 443 -274 -6060 fax 361- 826 -3230 e-mail: mike— hrapla @matrixdesigngroup.com e -mail: johnnyp @cctexas.com VI. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The Consultant agrees that local liaisons will be used to the extent practical. VII. OWNERSHIP OF DOCUMENTS All documents including contract documents, reports, Consultant's field data, and deliverables data are upon payment of all fees owed under this agreement, be the sole property of the City. Those documents may be used by the City for other City projects, and with the exception of standard forms that are not specific to this project may not be used again by the Consultant without the express written consent of the Assistant City Manager, The City assumes sole liability for arising out of any reuse or modification of the Consultant's documents, except where the Consultant is found to be liable by a court or forum of competent jurisdiction. VIII. CORRECTING MATTERS Any extra cost and expense necessary to correct matters caused by failure of the Consultant or his/her sub - consultants to exercise a reasonable degree of professional care must be paid by the Consultant and not reimbursed by the City. IX. ASSIGNABILITY The Consultant shall not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant's staff. No part of the Consultant's 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. Page 13 of 23 X. INDEMNIFICATION. Consultant shall indemnify and hold City, its officers, employees or agents ( "Indemnitees" ) harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of Injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct on the part of Consultant, or any of Its agents, servants, contractors, or employees In performance of this Agreement. Consultant agrees to indemnify and save harmless City, its agents, servants, and employees, ( "Indemnitees'°), from any and all liabilities, losses, damages, or expenses, Including attorney's fees resulting from the negligence or acts or omissions of Consultant, its employees, officers, agents or contractors, while In performance of this Agreement. XI. INSURANCE The Consultant shall submit to the Assistant City Manager a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "C" by an insurance company acceptable to the City. XII. DISCLOSURE OF INTEREST In compliance with City of Corpus Christi Ordinance No. 17112, Consultant agrees to complete the City of Corpus Christi Disclosure of Interests form which is incorporated in the contract as Exhibit "D ". CITY OF ORPUS CH TI MATRIX D SIG 6P, NC. B ,_ �� � / By: Juan Perales, 2anager Date Auth rized epres ntat' a Date Assistant City I c.E. ATTEST: City Secretary Date d AMA MIED APPROVED AS TO FORM: IT COUllt+ll.... . • �.~ �� f Asslo O lty Attorne Date .,�,�,,.._,®.�...,.r.SECR ARV 1. Page 14 of 24 EXHIBIT A c t Nont, Month Month 'Verth IAOJ)Lh Month "inlith Mmyh Moral) Mc 11th Mjonth M011111 Month rr �x I111 �irNM�i. f i 9 10 11 12 13 Element 1; Committee Formation, Project Kick-off and POW Project Strategy Meeting 91 Element 2: Inventory and - low M apping Tiger Rtii €c Team movingtl Element 3: Analysts of Land Use/ Potential Conflicts PClTAG with Military Mission Element 4: Analysis of Future Development Potential in StudyArea Element 5: Develop Land Use Compatibility PCITAG " Recommendations Melting #3 Element 6: Development of Land Use Compatibility' PCITAG Recommendations MeerPir.# M�41ng #A Element �: raft Final A 0 ttionfor JLUS JLUS Add €tlanaf Prepare Final JLUS Report blk 3 Meeting- Moeting PC, Planning #3 Commission, & Council Commlttee Public JLUS Meeting Workshop Publication Page 15 of 23 EXHIBIT B Compatibility Factors ■isIMMMM Page 16 of 23 Oust / Smoke / Steam N Air quaiity Dust is the common term used to describe the Air quality is defined by a number of components suspenslon:of particulate:matter in the air. Dust that are regulated at the federal and state level. For (and smoke) can be created by fire (controlled bums, compatibility, the primary concerns are pollutants agricultural burning), ground disturbance (agricultural that Limit visibility, such as particulates, ozone, and operations, grading), industrial activities, or other potential non - attainment of.air quality standards similar processes. Dust, smoke and steam becom that may limit future changes in operations at the a compatibility issue if sufficient in quantity to installation. impact fllght operations (such as reduced visibility or equipment damage FregLiency Spectrum lrrrnpedance and Ifght and blare Interference Frgqueh ICY -spectrum impedance and interference: This factor refers to man- refers to;the Interruption of electronic signals by.a made lighting (street lights, structure (impedance) or the inability to distribute "^ alMeld-lightingi building. ('receive a:parttcularfrequency because of similar IigFtts);and glare {direct or frequency.competttian (interference) reflected light that disrupts norms[ vision ` � . � =Public Trespassing Light sources from 7fis (odor addresses public trespassing, either commercial, tndttstrfal, and purposeful`or unintentional, ants a tnilttary installation residential uses atmght Tike pgterit{al far trespassing increasgs when public use . �, cart cause excessroe glare �� , 3 � `al s are to close raxfmf to the installation and can impactthe use of military 4T F l i 6 t A e :. , .'nigh# tlfsfon dYfdes'ai3dsaiFaoaetations Page 17 of 23 Interagency Coordination Land, Air, and Sea Spaces . Interagency coordination relates to the lever of The military manages or uses land, air, and sea space to interaction on compatibility issues among military accomplish testing, training, and operational missions. Installations, jurisdictions, land and resource These resources must be available and of a sufficient management agencies, and conservation authorities. size, cohesiveness, and qua lityto.accommodate effective training and testing. i Page 18 of 23 EXHIBIT C INSURANCE REQUR MENTS A. Consultant must not commence work under this agreement until all insurance required herein 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 the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies except the Professional Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation with Bodily Injury & Property Damage applicable policy endorsements required Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: 1. Broad Form 2. Products/ Completed Operations 3. Contractual Liability 4. Independent Contractors 5. Personal Injury/ Advertising Injury AUTOMOBILE LIABILITY to included $500,000 COMBINED SINGLE LIMIT I. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim / $2,000,000 aggregate Coverage provided shall cover all employees, If claims made policy, retro date must be officers, directors and agents prior to inception of agreement; have I. Errors and Omissions extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY $100,000/$500,000 /$100,000 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements Page 19 of 23 approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred must be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, 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. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall 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: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. 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: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. 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. H. 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. 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 stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. Page 20 of 23 J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. 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 contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Page 21 of 23 m y t-is EXHIBIT D err ti CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with NA. FIRM NAME: { 1 �5 Cr�V �, .1-Q up , !IN C STREET: A 3 R—e—s !►N-r -a 1 CITY: r ' , ZIP: O FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Asociation 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. f. 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) Cara 2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Title 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee 4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership In the above named firm. Name Consultant V-4 a ram CERTIFICATE I certify that all information provided Is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: rA I L 4- NEL p Title: CE RA y„ C1 , ,,, Signature Page 22 of 25 DEFINITIONS a. Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. 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. C. 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, point venture, receivership or trust and entities which, for purposes of taxation, are treated as non - profit organizations. d, Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges o the City of Corpus Christi, Texas. e. 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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. 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. Page 23 of 23