HomeMy WebLinkAboutC2018-436 - 9/18/2018 - Approved CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT (No./Name) E17119 Area Development Plants - Southside and London Planning
Districts & E17120 Area Development Plans -Westside Planning District
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, INC., 800 N. Shoreline, Suite 1600N, Corpus Christi, Nueces,
Texas 78401 (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 3
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V OPINIONS OF COST 5
ARTICLE VI INSURANCE REQUIREMENTS 5
ARTICLE VII INDEMNIFICATION 5
ARTICLE VIII TERMINATION OF AGREEMENT 6
ARTICLE IX RIGHT OF REVIEW AND AUDIT 7
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 9
EXHIBITS
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2018-436
9/18/18
M2018-169
Freese and Nichols Inc.
SCANNED
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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 XIII of this
Agreement. The approved Scope of Services defines the services to be performed by Consultant under this
Agreement.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.At
review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed 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. Upon request, Consultant
must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%
of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ
or Scope of Services 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 will provide monthly status updates (project progress or delays) in the format requested by the
City with each monthly invoice.
1.6 For design services, Consultant agrees to render the professional services necessary for the advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its
responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached
as Exhibit-D.
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A andA-
4It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3rd party
owners/operators.
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1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
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 $300,000.
3.2 The Consultant's fee will be on a lump sum or 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.
Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is
considered confidential information that may be excluded from public disclosure under Texas Government Code
Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 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 tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of
billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the
Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any
reimbursable expenses associated with the work. City will make prompt monthly payments in response to
Consultant's monthly invoices.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 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
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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.
3.8 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."
3.9 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:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 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.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or 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.
3.12 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.
3.13 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. The right
to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with
section 3.5 above for services provided up to the date of suspension.
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 years beginning on the Effective Date. The Agreement may be
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
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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 ten
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. For construction design services, "completion of the Project" refers to acceptance by the City of the
construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of
the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices, or over competitive bidding or market conditions,Consultant's
opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's
experience and qualifications and represent Consultant's best judgment as a design professional familiar with the
construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall
not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 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.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers,agents, employees,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.
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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 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 Consultant shall reimburse the City's reasonable attorney's
fees in proportion to the Consultant's liability.
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.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 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.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 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.
8.3 Termination Procedure
8.3.1 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.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 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 or Consultant and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
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8.3.4 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 IX—RIGHT OF REVIEW AND AUDIT
9.1 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.
9.2 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.
9.3 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.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 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:
10.1.1 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;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been involved
had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other 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.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
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(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the
revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 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.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 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.
12.1.2 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.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 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.
12.1.5 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.
12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 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
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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.
12.2.3.1 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.
12.2.3.2 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.
12.2.3.3 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.
12.2.3.4 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.
12.3 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:
12.3.1 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;
12.3.2 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.
12.4 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.
12.5 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 XIII —MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract 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.
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13.2 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 a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any
modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior
to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing under the same or
similar circumstances and professional license; and performed as expeditiously as is prudent considering the
ordinary professional skill and care of a competent engineer or architect.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings,
pre-bid meetings and preconstruction meetings.
13.5 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.
13.6 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.
13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other
than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering
into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.9 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. Form 1295 must be electronically filed with the Texas Ethics Commission at
https://www.ethics.state.tx.us/whatsnew/elf info_forml295.htm. The form must then be printed, signed 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.
13.10 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.
13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not
boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification,
"boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that
is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a
person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for
ordinary business purposes.
13.12 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.
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13.13 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.
13.14 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 Articles I-XIII of this Agreement(Articles),
the Articles shall take precedence and control to resolve said conflict.
CITY OF CORPUS�Hf ISTI FREESE AND NICHOLS, INC.
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Edmonds, P.E. (Da ) Ron Guzman, P.E. (Date)
Director of Engineering Services 800 N. Shoreline, Suite 1600N
Corpus Christi, TX 78401
(361) 561-6500 Office
(361) 651-6501 Fax
rg@freese.com
APPROVED
2018.08.22
09:07:52 05'00' ATH RI[t.
Assistant City Attorney Date R COUNCIL
ATTEST --. ge"
e„t„„„_4-z.e.ri, SECRETA
2/
RitSecretary Date
Fund Name Accounting Unit Account Activity Amount
No. No.
General Fund- E17119-01-
Comprehensive Planning 1020-11455-071 530000 1020-EXP $175,000
General Fund- E17120-01-
Comprehensive Planning 1020-11455-071 530000 1020-EXP $125,000
Total $300,000
Contract for Professional Services
Page 11 of 11
IFMFR E E S E innovative approaches
NICHOLS Practical results Outstanding service
2711 N.Haskell Avenue,Suite 3300 • Dallas,Texas 75204 • 214-217-2200 • FAX 817 735 7491 www Freese corn
July 30, 2018
Sarah West, P.E.,CFM
Major Projects Engineer
City of Corpus Christi
1201 Leopard Street
Corpus Christi,TX 78401
Re: E17119 Area Development Plans -Southside and London Planning Districts
E17120 Area Development Plans -Westside Planning District
Dear Ms.West:
Freese and Nichols, Inc. (FNI) is pleased to submit the scope of work and associated attachments to
prepare three new 20-year Area Development Plans (ADPs)for the following planning districts;
Southside(33.2 sq. miles), London(Outside City Limits— 10.6 sq. miles), and Westside(22 sq. miles).The
London Area and Southside Area are anticipated to occur concurrently. The work includes extensive
community outreach to develop Vision, Goals and Objectives.The planning process will emphasize a
community outreach process that incorporates high-tech, web-based platforms (such as web-hosted
interactive map applications that will gather community input),with complimentary low-tech
approaches.The plans will consider existing conditions, needs and implementation strategies. This
includes land use patterns, public infrastructure, environmental impacts, fiscal impact analysis, etc.
FNI agrees to perform the professional services outlined in the Scope of Work for a lump sum fee of
$300,000.00. We are excited to work with the City of Corpus Christi and provide excellent client service.
Sincerely,
11°—(1‘1 .
Wendy Shabay, AICP
Principal/Vice President
cc: Daniel McGinn; Keren Costanzo, AICP LEED AP
Attachments:
Scope of Work
Compensation:Summary of Fee
Area Development Plans Study Location Map
Proposed Project Schedule
EXHIBIT A
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TASK A—SOUTHSIDE AND LONDON AREA DEVELOPMENT PLANS
SCOPE OF WORK
These plans will to prepare new 20-year Area Development Plans(ADPs)for the following planning
districts; Southside (33.2 sq. miles), and London (Outside City Limits— 10.6 sq. miles). The plans will
consider existing conditions, needs and implementation strategies. This includes land use patterns,
public infrastructure, environmental impacts, cost benefit analysis, etc. The scope of work for the plans
are contained in the following sections.
Project Limits: Southside & London Planning Districts (see attached map)
The scope of work is outlined below.
TASK 1 — PROJECT MEETINGS AND COMMUNITY ENGAGEMENT
1.1: Project Kickoff Meeting and Area Developments Tour(1 Meeting)
Prior to initiating work, the Freese and Nichols, Inc. (FNI)team will conduct a kickoff meeting to discuss
our understanding of the project, the project schedule, scope, communication methods, as well as
request/receive any additional data that will be required for the study. The City staff should provide GIS
files for the study area, background materials on any previous studies, current design standards, any
updates to the comprehensive plan and land use ordinances. Recommended attendees include City
project manager and staff, and others that will ultimately guide the progress, findings and
recommendations of the plans. The FNI team would also like to discuss the following items:
• Project vision, goals, and objectives
• Priorities for transportation, housing and land use improvements
• Composition of the Advisory Committees
• Public involvement strategies
• Project expectations
The City will provide a meeting location and will notify attending team members of the location and time
for the meeting. Following the project kick-off meeting, the FNI team will participate in a City-led tour of
each study area to discuss challenges, issues and opportunities.
Deliverables:Meeting agenda,sign-in sheet,contact list,and summary notes
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1.2: City Staff Progress Meetings
The FNI team will conduct scheduled conference calls with City staff to discuss project progress, key
action items and responsibilities, and project schedule. Freese and Nichols will prepare an agenda and
a checklist with action items, responsibilities and due dates for appropriate team members, and will
schedule and notify attendees of the meetings via e-mail.
Deliverables:Meeting agenda/checklist with key discussion items noted and action items.Meetings
should be held at key milestones during the project.
1.3: Advisory Committee(4 Meetings)
The Advisory Committee (AC)will be formed by the Client and facilitated by members of the FNI team.
The AC will be composed of various stakeholders and has the primary responsibility of guiding the
activities of the Plans and providing input into the process. The FNI team will meet with the AC at key
points during the planning process to discuss key issues related to the development of the Area
Development Plans. The City will be responsible for providing a venue for the Committee meetings, and
will notify Committee Members of meeting dates and times. The FNI team will provide agendas and
materials for discussion at each meeting. The FNI team will:
• Participate in four(4)AC meetings throughout the course of the project to update the
Committee and get feedback on the process and preliminary recommendations
• Assist with defining the planning process
• Receive input from the Committee on a plan for obtaining broad community support
We propose one(1)committee representing both Southside and London areas (at times the committee
could be subdivided into two focus groups, based on the meeting's agenda, content and planned
exercises).
Deliverables-Meeting agendas,any meeting materials and summary notes with key discussion items
noted and action items.Meetings should be held at key milestones during the project for a total of four(4)
trips.
1.4:Community Engagement
The foundation of the Area Development Plans will be community and stakeholder participation.
Community and stakeholder involvement should be inclusive, creative and energetic. Our community
engagement process is aimed at educating the various stakeholders and constituencies regarding the
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purpose of the livable centers study, and garnering feedback and insight into community need,
perceptions, and interests. To bring the community into the process and keep them involved, the Freese
and Nichols team will utilize a variety of input techniques.
1.4.1: Project Website and Social Media
A project website, created and maintained by City staff, will provide information on the process,
a list of events and information such as presentations and graphics as they are developed. The
project website will be used to host the online community survey (MetroQuest), to be advertised
during the beginning of the project. We will also utilize the City's Facebook and any other City
social media accounts to keep the community informed of project updates, events, and to
provide information on the importance of planning. The FNI team will provide content and
materials to be posted to the project website and any other social media platforms the City
desires to post project information.
Deliverable-Development of content for the project website and social media,and creation of the
online community survey(MetroQuest)
1.4.2: Community Workshop(Town Hall/1 Meeting)
The FNI team will facilitate one(1) community workshop to share information about the project,
gather community input, and generate further support for the plans. The purpose of this
workshop will be to inform and engage the community in the planning process. Specifically, this
workshop will explain the planning process, provide an update on the work completed to date,
solicit input and feedback, and answer questions of concern and interest expressed by
residents and business interests. A variety of engagement tools can be used during the
process and will be discussed with City staff during the project kickoff.
The Client will be responsible for printing flyers, printing postcards, identifying meeting
participants, providing postage and mailing flyers and postcards, if desired. The FNI team will
facilitate one (1) community workshops. Meeting space and locations to be determined and
hosted by the Client.
Deliverables-(1)Items for meeting agendas and preparation of boards or PowerPoint presentation
to be used at meetings;(2)Press release write-ups;(3)Summary of public involvement
activities/results
1.4.3: Community Think Tank(Charettes/4 Days)
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The FNI team will facilitate a four-day community think tank, charette style, event to allow
citizens, stakeholders and business owners to provide ideas and think through solutions for any
issues related to the respective Southside and London areas. Portions of the think tank will be
dedicated to each area. The FNI team will have expert planners and engineers to help provide
information and address questions and comments during the charettes. The information
gathered and produced during the community think tank will help support plan
recommendations and implementation.
Deliverables-(1)Materials and preparation of Point presentation to be used at meetings;(2)Press
release write-ups;(3)Summary of activities/results
1.5: Community Meeting (1 Meeting)
The Freese and Nichols team will present the Area Development Plans final recommendations to the
community. City staff will be responsible for marketing and noticing, securing a venue.
(Deliverable—Digital PowerPoint Presentation)
TASK 2—EXISTING CONDITIONS AND ANALYSIS
Building upon previous studies and plans, GIS data, and field observations, the Freese and Nichols
team will inventory and analyze the existing land uses, transportation, housing, natural environment,
and infrastructure within the study areas.
2.1: Analysis of Previous Studies and Plans
The FNI team will collect and analyze existing studies and plans that relate to the study areas, such as
the City of Corpus Christi Comprehensive Plan, Thoroughfare Plan, Adopted Zoning Regulations,
current CIP, Infrastructure Plans, Parks and Open Space Plan/Improvements, Regulatory Plan/Impacts,
etc. The Client should provide copies of any existing studies and plans, if they are not available on the
City's website.
2.2: Existing Land Uses
The mix and proximity of current residential and non-residential land uses will be evaluated, creating a
baseline to understand the existing relationships. Recommendations and strategies to fill voids or
enhance current connections will be evaluated after the existing land uses are mapped.
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•
•
Based on the existing land use assessment, land use demand/projections for the next five, ten and
twenty years by land use type will be recommended.
Deliverables-Map and explanation of the existing land use patterns within the Study areas;land use
demand/projections for the next five, ten and twenty years
2.3: Pedestrian Connectivity and Transportation Evaluation
An evaluation of the existing transportation network and traffic volumes (obtained from TxDOT and
CCMPO)will provide a detailed understanding of how future development will affect the study areas and
surrounding development(s).We will evaluate commuter behavior and trends, and existing levels of
demand, as well as origins and destinations.
The current pedestrian network will be documented and mapped, and potential gaps and needs
evaluated with respect to proposed development/redevelopment projects. Future pedestrian
connections will be identified based on the findings of the needs analysis and the desire to maintain
logical, accessible connections. Bicycle facilities and potential trails are also important to multi-modal
connectivity in Corpus Christi and will be identified in the study areas.
The FNI team will review existing documents and data related to pedestrian connectivity, mobility and
the overall transportation network. We will document the study area's transportation systems and data
based on information from existing sources or obtained from field visits.
• Transportation system evaluation
• Existing and planned bike facilities
• Existing sidewalk facilities
• Existing traffic volumes from available data, traffic control and roadway geometry
• Parking
Deliverables-Map or illustrate existing conditions related to the outline items above,and develop findings,
analysis and recommendations
2.4: Infrastructure and Natural Environment
The study will evaluate existing infrastructure and the natural environment in the study areas, and its
effects on existing and future land uses. Lifecycle cost of infrastructure will also be evaluated to
determine maintenance and replacement cost, annualize those costs, and compare to annual revenues
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•
intended to fund those costs. Infrastructure to be considered is roadways, water, wastewater and
stormwater.
Deliverables-Map or illustrate existing conditions related to the outline items above,and develop findings,
analysis and recommendations
2.5: Housing and Neighborhoods Assessment
The assessment of housing and neighborhoods will provide the strengths, weaknesses, challenges and
opportunities of neighborhoods. The high-level assessment will explore potential neighborhood
programs and strategies, allowing the City to utilize its neighborhood resources more efficiently and
effectively. We will also explore housing demand and explore housing needs. This assessment will tie
into the land use recommendations for, multifamily, single-family, and missing middle housing.
Deliverables-Housing and neighborhood assessment identifying characteristics,assets,issues,
challenges and opportunities of neighborhoods within each study area
2.6: Fiscal Impact Analysis
The FNI team will use the Fiscal Impact Model developed for the fiscal impact analysis of the Corpus
Christi Comprehensive Plan, Plan CC, as the foundation for this scope of work. Modifications will need
to be made to address specific fiscal questions.
2.6.1: Define/Refine Fiscal Questions and Obtain Growth Projections to Model
In this task, we will work with the City to refine the fiscal questions to be addressed. In addition,
the FNI team will provide the growth assumptions for each Area Plan (i.e., number and types of
housing units; amount and type of nonresidential development(square footage); absorption
assumption; average property values.)
Deliverable-Brief Memorandum outlining questions to be addressed,growth assumptions,and
fiscal impact approach;conference calls as necessary with relevant City staff
2.6.2: Develop/Update Level of Service, Cost, and Revenue Factors
In this task, we will hold one (1) on-site meeting and conduct conference calls with City
personnel as necessary to modify the Fiscal Impact Model developed for the previous
Comprehensive Plan effort to reflect the specific fiscal questions identified. The purpose of
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these meetings is to understand the differences and operating/facility needs relative to the two
geographic areas—specifically:
• Southside Area-Service and facility needs specific to this area; existing capacities to
serve the area; triggers for new facilities and expanded service.
• London Area-Service and facility needs due to potential annexation. Average property
values; differences in demographic profiles.
Deliverable-See Task 2.6.3;One(1)on-site meeting and conference calls as needed with City staff
2.6.3: Modify Cost and Revenue Factors
Information obtained during the previous task will be used to vary the relevant cost and revenue
factors. This task will modify different cost components for the various service providers,
including both facility and non-facility related operating expenses, methodologies for forecasting
future capital facility needs, and associated operating expenses, specific to the Areas being
evaluated.
Deliverable-See Task 2.6.5
2.6.4: Modify Fiscal Impact Model and Conduct Fiscal Impact Analyses
The FNI team will modify the original city's Fiscal Impact Model for these plans based on the
information and factors identified in the previous tasks and Level of Service memorandum.
The team will conduct three fiscal impact analyses to address the specific questions
identified in Task 2.6.1 .
Deliverable-See Task 2.6.5
2.6.5: Prepare Fiscal Impact Technical Memos
The FNI team will prepare Fiscal Impact Technical Memos for each Area Plan that describes
the fiscal findings. It is anticipated the memo will have the following sections:
• Introduction
• Questions Posed
• Major Assumptions
• Final Results (May be cumulative, annual, and/or average annual)
• Major Revenue, Operating Costs, and Capital Cost Findings
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The technical memo will be a standalone document, which will be understood by all interested
parties. After City review, the final report will be issued.
Deliverable—Draft and Final Fiscal Impact Analysis Technical Memoranda
TASK 3—PRELIMINARY RECOMMENDATIONS,CONCEPTUAL AND IMPLEMENTATION PLANS
Utilizing data from Task 2, stakeholder and community input, professional experience with other
successful implementation strategies, the team will formulate recommendations, conceptual and
implementation plans for in each study area. The plans will focus on land use, housing,
transit/transportation, and other strategic investment opportunities that seek to capitalize on the area's
assets. The plans will include policy strategies aimed at encouraging private investment consistent with
the City's goals for development and redevelopment within the Study areas. A key component of the
plan will be specific implementation steps and necessary capital improvement recommendations.
3.1: Conceptual Plan
The conceptual plans will help promote the vision and guide implementation in each study area. The
FNI team will prepare two-dimensional exhibits, building upon the ideas generated in prior meetings.
The concept plan(s)will be created with a development program of recommendations from information
collected in Tasks 1-3. The conceptual plan(s)will show the physical buildout/future land uses of
development in key areas within the Study areas. The conceptual plan(s)will become the map exhibits
that will support the policy, strategies, and recommendations developed during the process.
Deliverable:Conceptual plan illustrating existing buildings,proposed infill,streetscapes and
transportation,housing,infrastructure,and key planning strategies
3.2: Implementation Plan
The implementation plan will consist of the following primary areas:
• An assessment and recommendations of the most likely land uses, and development/
redevelopment opportunities given the existing conditions and fiscal impact analysis.
Recommendations will be accompanied by partnership opportunities, potential funding sources,
and the projected timeframe for implementation. Projects with the potential for immediate
implementation will be identified and prioritized, as well as catalyst projects with the potential for
addressing multiple goals and kickstarting investment.
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• Policy recommendations aimed at establishing a regulatory and incentive structure that
encourages the implementation of the recommendations will be provided. These strategies will
include incentive tools that encourage private investment and public-private partnerships.
• A list of proposed capital improvements that support the proposed redevelopment
recommendations. Special attention will be given to matching potential catalytic public
infrastructure projects with priority private development catalyst projects and existing
infrastructure plans to achieve the largest impact.
Deliverable:An implementation plan structured into a coordinated action program. The implementation
plan will identify action items,priorities,potential funding options,partners, and timeline
TASK 4-DRAFT SOUTHSIDE AND LONDON AREA DEVELOPMENT PLANS
4:1: Draft Report
The Freese and Nichols team will prepare draft Area Development Plans, documenting the work
outlined in the previous tasks. The draft Area Development Plans will be provided via email. The FNI
team will provide a digital formatted copy for review. The draft study will be submitted to the City of
Corpus Christi and AC for review. The draft study should include, but is not limited to, the following: an
acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of
tasks one through three, conclusion, and appendices as needed.
A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect
all comments to be submitted to the Freese and Nichols Team.
Deliverables:Draft plan in electronic format for review;maps that are a part of the draft report will be
submitted as separate files;existing conditions maps and policy level planning items such as land use,
zoning or major transportation route recommendations will be prepared in GIS format;site specific
recommendations such as conceptual planning will be prepared in AutoCAD format;and no more than
three(3)revisions of the plans
TASK 5-FINAL SOUTHSIDE AND LONDON AREA DEVELOPMENT PLANS
5:1: Final Report
Upon completion of review of the draft Area Development Plans, the FNI team will prepare the final
Southside and London Area Development Plans. The Final Study should include, but is not limited to,
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the following: an acknowledgment page, a table of contents, figures and tables, an executive summary,
the findings of tasks one through three, conclusion, and appendices as needed.
The Final Study will be high quality with clear images and illustrations with written text. All maps and
tables will be properly cited and contain keys when appropriate. The Freese and Nichols team will apply
its internal quality assurance controls to achieve a high quality Final Study. A reasonable review period
will be requested from the Client, as well as, one point-of-contact to collect all comments to be
submitted to the Freese and Nichols Team.
The Freese and Nichols team will attend one(1) City Community meeting. At this meeting, the
Consultant will present the planning scope, process, findings and final recommendations for adoption. If
additional meetings are necessary, the Client agrees to conduct the meetings or negotiate additional
services with the Consultant.
After adoption by the Corpus Christi City Council, the Freese and Nichols team will provide the Final
Study using Adobe InDesign along with all project files such as GIS shapefiles, meeting minutes, survey
results, etc.
Deliverables:Electronic submittal of study for one(1)final review;one(1)final presentations for City
adoption;final Corpus Christi Area Development Plans(one high-resolution and one low-resolution
electronic format file);two(2)flash drives or a web-based file sharing platform containing electronic files
of final study in InDesign and as a PDF,maps,photos and graphics,and all other project files;existing
conditions maps and policy level planning items such as land use,zoning or major transportation route
recommendations will be prepared in GIS format;site specific recommendations such as conceptual
planning will be prepared in AutoCAD format
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TASK B—WESTSIDE AREA DEVELOPMENT PLAN
SCOPE OF WORK
The plan will to prepare new 20-year Area Development Plan (ADPs)for the following planning district;
Westside(22 sq. miles). The plan will consider existing conditions, needs and implementation
strategies. This includes land use patterns, public infrastructure, environmental impacts, cost benefit
analysis, etc. The scope of work for the plan is contained in the following sections.
Project Limits: Westside Planning District(see attached map)
The scope of work is outlined below.
TASK 1 —PROJECT MEETINGS AND COMMUNITY ENGAGEMENT
1.1: Proiect Kickoff Meeting and Westside Area Development Tour(1 Meeting)
Prior to initiating work, the Freese and Nichols, Inc. (FNI)team will conduct a kickoff meeting to discuss
our understanding of the project, the project schedule, scope, communication methods, as well as
request/receive any additional data that will be required for the study. The City staff should provide GIS
files for the study area, background materials on any previous studies, current design standards, any
updates to the comprehensive plan and land use ordinances. Recommended attendees include City
project manager and staff, and others that will ultimately guide the progress, findings and
recommendations of the plan. The FNI team would also like to discuss the following items:
• Project vision, goals, and objectives
• Priorities for transportation, housing and land use improvements
• Composition of the Advisory Committees
• Public involvement strategies
• Project expectations
The City will provide a meeting location and will notify attending team members of the location and time
for the meeting. Following the project kick-off meeting, the FNI team will participate in a City-led tour of
the study area to discuss challenges, issues and opportunities.
Deliverables:Meeting agenda,sign-in sheet,contact list,and summary notes
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1.2: City Staff Progress Meetings
The FNI team will conduct scheduled conference calls with City staff to discuss project progress, key
action items and responsibilities, and project schedule. Freese and Nichols will prepare an agenda and
a checklist with action items, responsibilities and due dates for appropriate team members, and will
schedule and notify attendees of the meetings via e-mail.
Deliverables:Meeting agenda/checklist with key discussion items noted and action items;Meetings
should be held at key milestones during the project.
1.3: Advisory Committee (4 Meetings)
The Advisory Committee (AC)will be formed by the Client and facilitated by members of the FNI team.
The AC will be composed of various stakeholders and has the primary responsibility of guiding the
activities of the Plan and providing input into the process. The FNI team will meet with the AC at key
points during the planning process to discuss key issues related to the development of the Area
Development Plan. The City will be responsible for providing a venue for the Committee meetings and
will notify Committee Members of meeting dates and times. The FNI team will provide agendas and
materials for discussion at each meeting. The FNI team will:
• Participate in four(4)AC meetings throughout the course of the project to update the
Committee and get feedback on the process and preliminary recommendations
• Assist with defining the planning process
• Receive input from the Committee on a plan for obtaining broad community support
Deliverables-Meeting agendas,any meeting materials and summary notes with key discussion items
noted and action items.Meetings should be held at key milestones during the project for a total of four(4)
trips.
1.4: Community Engagement
The foundation of the Area Development Plan will be community and stakeholder participation.
Community and stakeholder involvement should be inclusive, creative and energetic. Our community
engagement process is aimed at educating the various stakeholders and constituencies regarding the
purpose of the livable centers study, and garnering feedback and insight into community need,
perceptions, and interests. To bring the community into the process and keep them involved, the Freese
and Nichols team will utilize a variety of input techniques.
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1.4.1: Project Website and Social Media
A project website, created and maintained by City staff, will provide information on the process,
a list of events and information such as presentations and graphics as they are developed. The
project website will be used to host the online community survey(MetroQuest), to be advertised
during the beginning of the project. We will also utilize the City's Facebook and any other City
social media accounts to keep the community informed of project updates, events, and to
provide information on the importance of planning. The FNI team will provide content and
materials to be posted to the project website and any other social media platforms the City
desires to post project information.
Deliverable-Development of content for the project website and social media,and creation of the
online community survey(MetroQuest)
1.4.2: Community Workshop(Town Hall/1 Meeting)
The FNI team will facilitate one (1)community workshop to share information about the project,
gather community input, and generate further support for the plan. The purpose of this
workshop will be to inform and engage the community in the planning process. Specifically, this
workshop will explain the planning process, provide an update on the work completed to date,
solicit input and feedback, and answer questions of concern and interest expressed by
residents and business interests. A variety of engagement tools can be used during the
process and will be discussed with City staff during the project kickoff.
The Client will be responsible for printing flyers, printing postcards, identifying meeting
participants, providing postage and mailing flyers and postcards, if desired. The FNI team will
facilitate one (1) community workshops. Meeting space and locations to be determined and
hosted by the Client.
Deliverables-(1)Items for meeting agendas and preparation of boards or PowerPoint presentation
to be used at meetings;(2)Press release write-ups;(3)Summary of public involvement
activities/results
1.4.3: Community Think Tank(Charette/3 Days)
The FNI team will facilitate a three-day community think tank, charette style, event to allow
citizens, stakeholders and business owners to provide ideas and think through solutions for any
issues related to the respective Westside area. Three days will be reserved for the Westside
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Area Development plan. The FNI team will have expert planners and engineers to help provide
information and address questions and comments during the charettes. The information
gathered and produced during the community think tank will help support plan
recommendations and implementation.
Deliverables-(1)Materials and preparation of Point presentation to be used at meetings;(2)Press
release write-ups;(3)Summary of activities/results
1.5: Community Meeting(1 Meeting)
The Freese and Nichols team will present the Area Development Plan final recommendations to the
community. City staff will be responsible for marketing and noticing, securing a venue.
Deliverable—Digital PowerPoint Presentation
TASK 2—EXISTING CONDITIONS AND ANALYSIS
Building upon previous studies and plans, GIS data, and field observations, the Freese and Nichols
team will inventory and analyze the existing land uses, transportation, housing, natural environment,
and infrastructure within the study area.
2.1: Analysis of Previous Studies and Plans
The FNI team will collect and analyze existing studies and plans that relate to the study area, such as
the City of Corpus Christi Comprehensive Plan, Thoroughfare Plan, Adopted Zoning Regulations,
current CIP, Infrastructure Plans, Parks and Open Space Plan/Improvements, Regulatory Plan/Impacts,
etc. The Client should provide copies of any existing studies and plans, if they are not available on the
City's website.
2.2: Existing Land Uses
The mix and proximity of current residential and non-residential land uses will be evaluated, creating a
baseline to understand the existing relationships. Recommendations and strategies to fill voids or
enhance current connections will be evaluated after the existing land uses are mapped.
Based on the existing land use assessment, land use demand/projections for the next five, ten and
twenty years by land use type will be recommended.
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Deliverables-Map and explanation of the existing land use patterns within the Study area;land use
demand/projections for the next five, ten and twenty years
2.3: Pedestrian Connectivity and Transportation Evaluation
An evaluation of the existing transportation network and traffic volumes (obtained from TxDOT and
CCMPO)will provide a detailed understanding of how future development will affect the study area and
surrounding development(s). We will evaluate commuter behavior and trends, and existing levels of
demand, as well as origins and destinations.
The current pedestrian network will be documented and mapped, and potential gaps and needs
evaluated with respect to proposed development/redevelopment projects. Future pedestrian
connections will be identified based on the findings of the needs analysis and the desire to maintain
logical, accessible connections. Bicycle facilities and potential trails are also important to multi-modal
connectivity in Corpus Christi and will be identified in the study area.
The FNI team will review existing documents and data related to pedestrian connectivity, mobility and
the overall transportation network. We will document the study area's transportation systems and data
based on information from existing sources or obtained from field visits.
• Transportation system evaluation
• Existing and planned bike facilities
• Existing sidewalk facilities
• Existing traffic volumes from available data, traffic control and roadway geometry
• Parking
Deliverables-Map or illustrate existing conditions related to the outline items above,and develop findings,
analysis and recommendations
2.4: Infrastructure and Natural Environment
The study will evaluate existing infrastructure and the natural environment in the study area, and its
effects on existing and future land uses. Lifecycle cost of infrastructure will also be evaluated to
determine maintenance and replacement cost, annualize those costs, and compare to annual revenues
intended to fund those costs. Infrastructure to be considered is roadways, water, wastewater and
stormwater.
City of Corpus Christi-Area Development Plans
Scope of Work
Page 15 of 21
EXHIBIT A
Paae 16 of 23
Deliverables-Map or illustrate existing conditions related to the outline items above,and develop findings,
analysis and recommendations
2.5: Housing and Neighborhoods Assessment
The assessment of housing and neighborhoods will provide the strengths, weaknesses, challenges and
opportunities of neighborhoods. The high-level assessment will explore potential neighborhood
programs and strategies, allowing the City to utilize its neighborhood resources more efficiently and
effectively. We will also explore housing demand and explore housing needs. This assessment will tie
into the land use recommendations for, multifamily, single-family, and missing middle housing.
Deliverables-Housing and neighborhood assessment identifying characteristics,assets,issues,
challenges and opportunities of neighborhoods within each study area
2.6: Fiscal Impact Analysis
The FNI team will use the Fiscal Impact Model developed for the fiscal impact analysis of the Corpus
Christi Comprehensive Plan, Plan CC, as the foundation for this scope of work. Modifications will need
to be made to address specific fiscal questions.
2.6.1: Define/Refine Fiscal Questions and Obtain Growth Projections to Model
In this task, we will work with the City to refine the fiscal questions to be addressed. In addition,
the FNI team will provide the growth assumptions for the Area Plan (i.e., number and types of
housing units; amount and type of nonresidential development(square footage); absorption
assumption; average property values.)
Deliverable-Brief Memorandum outlining questions to be addressed,growth assumptions,and
fiscal impact approach;conference calls as necessary with relevant City staff
2.6.2: Develop/Update Level of Service, Cost,and Revenue Factors
In this task, we will hold one(1) on-site meeting and conduct conference calls with City
personnel as necessary to modify the Fiscal Impact Model developed for the previous
Comprehensive Plan effort to reflect the specific fiscal questions identified. The purpose of
these meetings is to understand the differences and operating/facility needs relative to the
following geographic areas:
City of Corpus Christi-Area Development Plans
Scope of Work
Page 16 of 21
EXHIBIT A
Paae 17 of 23
•
• Westside Area-Existing operating and capital capacities available to accommodate
redevelopment. Valuation assumptions.
Deliverable-See Task 2.6.3;One(1)on-site meeting and conference calls as needed with City staff
2.6.3: Modify Cost and Revenue Factors
Information obtained during the previous task will be used to vary the relevant cost and revenue
factors. This task will modify different cost components for the various service providers,
including both facility and non-facility related operating expenses, methodologies for forecasting
future capital facility needs, and associated operating expenses, specific to the Areas being
evaluated.
Deliverable-See Task 2.6.5
2.6.4: Modify Fiscal Impact Model and Conduct Fiscal Impact Analyses
The FNI team will modify the original city's Fiscal Impact Model for these plans based on the
information and factors identified in the previous tasks and Level of Service memorandum.
The team will conduct three fiscal impact analyses to address the specific questions
identified in Task 2.6.1.
Deliverable-See Task 2.6.5
2.6.5: Prepare Fiscal Impact Technical Memos
The FNI team will prepare Fiscal Impact Technical Memos for each Area Plan that describes
the fiscal findings. It is anticipated the memo will have the following sections:
• Introduction
• Questions Posed
• Major Assumptions
• Final Results (May be cumulative, annual, and/or average annual)
• Major Revenue, Operating Costs, and Capital Cost Findings
The technical memo will be a standalone document, which will be understood by all interested
parties. After City review, the final report will be issued.
Deliverable-Draft and Final Fiscal Impact Analysis Technical Memoranda
City of Corpus Christi-Area Development Plans
Scope of Work
Page 17 of 21
EXHIBIT A
Paae 18 of 23
TASK 3—PRELIMINARY RECOMMENDATIONS, CONCEPTUAL AND IMPLEMENTATION PLAN
Utilizing data from Task 2, stakeholder and community input, professional experience with other
successful implementation strategies, the team will formulate recommendations, conceptual and
implementation plans for the study area. The plan will focus on land use, housing, transit/transportation,
and other strategic investment opportunities that seek to capitalize on the area's assets. The plan will
include policy strategies aimed at encouraging private investment consistent with the City's goals for
development and redevelopment within the Study area. A key component of the plan will be specific
implementation steps and necessary capital improvement recommendations.
3.1: Conceptual Plan
The conceptual plan(s)will help promote the vision and guide implementation in the study area. The
FNI team will prepare two-dimensional exhibits, building upon the ideas generated in prior meetings.
The concept plan(s)will be created with a development program of recommendations from information
collected in Tasks 1-3. The conceptual plan(s)will show the physical buildout/future land uses of
development in key area within the Study area. The conceptual plan(s)will become the map exhibits
that will support the policy, strategies, and recommendations developed during the process.
Deliverable:Conceptual plan illustrating existing buildings,proposed infill,streetscapes and
transportation,housing,infrastructure,and key planning strategies
3.2: Implementation Plan
The implementation plan will consist of the following primary areas:
• An assessment and recommendations of the most likely land uses, and development/
redevelopment opportunities given the existing conditions and fiscal impact analysis.
Recommendations will be accompanied by partnership opportunities, potential funding sources,
and the projected timeframe for implementation. Projects with the potential for immediate
implementation will be identified and prioritized, as well as catalyst projects with the potential for
addressing multiple goals and kickstarting investment.
• Policy recommendations aimed at establishing a regulatory and incentive structure that
encourages the implementation of the recommendations will be provided. These strategies will
include incentive tools that encourage private investment and public-private partnerships.
• A list of proposed capital improvements that support the proposed redevelopment
recommendations. Special attention will be given to matching potential catalytic public
City of Corpus Christi-Area Development Plans
Scope of Work
Page 18 of 21
EXHIBIT A
Pane 19 of 23
•
infrastructure projects with priority private development catalyst projects and existing
infrastructure plans to achieve the largest impact.
Deliverable:An implementation plan structured into a coordinated action program. The implementation
plan will identify action items,priorities,potential funding options,partners,and timeline
TASK 4-DRAFT WESTSIDE AREA DEVELOPMENT PLAN
4:1: Draft Report
The Freese and Nichols team will prepare draft Area Development Plan, documenting the work outlined
in the previous tasks. The draft Area Development Plan will be provided via email. The FNI team will
provide a digital formatted copy for review. The draft study will be submitted to the City of Corpus
Christi and AC for review. The draft study should include, but is not limited to, the following: an
acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of
tasks one through three, conclusion, and appendices as needed.
A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect
all comments to be submitted to the Freese and Nichols Team.
Deliverables:Draft plan in electronic format for review;maps that are a part of the draft report will be
submitted as separate files;existing conditions maps and policy level planning items such as land use,
zoning or major transportation route recommendations will be prepared in GIS format;site specific
recommendations such as conceptual planning will be prepared in AutoCAD format;and no more than
three(3)revisions of the plan
TASK 5-FINAL WESTSIDE AREA DEVELOPMENT PLAN
5:1: Final Report
Upon completion of review of the draft Area Development Plan, the FNI team will prepare the final
Westside Area Development Plan. The Final Study should include, but is not limited to, the following:
an acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of
tasks one through three, conclusion, and appendices as needed.
The Final Study will be high quality with clear images and illustrations with written text. All maps and
tables will be properly cited and contain keys when appropriate. The Freese and Nichols team will apply
City of Corpus Christi-Area Development Plans
Scope of Work
Page 19 of 21
EXHIBIT A
Paae 20 of 23
its internal quality assurance controls to achieve a high quality Final Study. A reasonable review period
will be requested from the Client, as well as, one point-of-contact to collect all comments to be
submitted to the Freese and Nichols Team.
The Freese and Nichols team will attend one (1) Community meeting. At this meeting, the Consultant
will present the planning scope, process, findings and final recommendations for adoption. If additional
meetings are necessary, the Client agrees to conduct the meetings or negotiate additional services with
the Consultant.
After adoption by the Corpus Christi City Council, the Freese and Nichols team will provide the Final
Study using Adobe InDesign along with all project files such as GIS shapefiles, meeting minutes, survey
results, etc.
Deliverables: Electronic submittal of study for one(1) final review;one(1) final presentations for City
adoption;final Corpus Christi Area Development Plan(one high-resolution and one low-resolution
electronic format file);two (2) flash drives or a web-based file sharing platform containing electronic files of
final study in InDesign and as a PDF, maps,photos and graphics, and all other project files;existing
conditions maps and policy level planning items such as land use,zoning or major transportation route
recommendations will be prepared in GIS format;site specific recommendations such as conceptual
planning will be prepared in AutoCAD format
Schedule: The scope of work for all three area development plans will begin September 2018 and be
completed by December 2019.
Compensation: Freese and Nichols agrees to perform the professional services outlined in the Scope
of Work for a lump sum fee of$300,000.
Summary of Fees
Task A -Southside and London Area Development Plans Task Fee
Task 1 - Project Meetings and Community Engagement $51,900
Task 2— Existing Conditions and Analysis $44,187
Task 3 - Preliminary Recommendations, Conceptual & Implementation Plans $32,113
Task 4 - Draft Southside and London Area Development Plans $26,900
Task 5 - Final Southside and London Area Development Plans $19,900
Task A Subtotal: $175,000
City of Corpus Christi—Area Development Plans
Scope of Work
Page 20 of 21
EXHIBIT A
Paae 21 of 23
Task B -Westside Area Development Plan Task Fee
Task 1 - Project Meetings and Community Engagement $44,358
Task 2— Existing Conditions and Analysis $25,387
Task 3 - Preliminary Recommendations, Conceptual & Implementation Plan $18,837
Task 4 - Draft Westside Area Development Plan $22,718
Task 5 - Final Westside Area Development Plan $13,700
Task B Subtotal: $125,000
Total Authorized Fee $300,000
City of Corpus Christi—Area Development Plans
Scope of Work
Page 21 of 21
EXHIBIT A
Paae 22 of 23
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Source: City of Corpus Christi Planning Division; July 31, 2018.
Sample form for:
COMPLETE PROJECT NAME Payment AE Contract
Project No. XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete .
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% .
Design Phase $2,000.00 $1,000.00_ $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00_ $0.00_ $500.00 $1,500.00 25.0%
Warranty Phase $0.00_ $1,120.00 $0.00 $1,120.00 $0.00_ $0.00_ $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
0 & M Manuals TBD TBD TBD TBD TBD TBD_ TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.001 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
If needed, update this sample form based on the contract requirements. '
If applicable, refer to the contract for information on what to include with time and materials (T&M).
um
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EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government
Code since release of this information would give advantage to a competitor or bidder.
In addition, section 552.110 of the TX Govt. Code protects third party commercial and
financial information if release of the information would cause the third party substantial
competitive harm. Final determination of confidentiality will be made by the Texas
Attorney General.
DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate
documentation has been provided to the City of Corpus Christi and was utilized in
reviewing and approving the loaded hourly rates below.
PRINCIPALS: The Consultant must provide documentation with each payment request
that clearly indicates how a Principal's time is allocated and the justification for that
allocation.
PRINCIPAL(S): HOURLY RATE TX REGISTRATION #:
($/hr)
Project Consultant:
CAD Technician:
Clerical:
Other—specify:
SUBCONSULTANT(S):
(firm)
Principal(s):
Project Consultant:
CAD Technician:
Clerical
Other—specify:
Add additional subconsultants as needed.
Exhibit B-1
Confidential Rate Sheet
Page 1 of 1
•
EXHIBIT C
Insurance Requirements
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, Bodily Injury and Property Damage
required on all certificates or by Per occurrence - aggregate
applicable policy endorsements
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)
If claims made policy, retro date must be
prior to inception of agreement, have
extended reporting period provisions
1 Rev 04/17
•
and identify any limitations regarding
who is insured.
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 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.
1.5 In the event of a change in insurance coverage, Consultant shall be required to
submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 business days of said change. Consultant shall pay any costs 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
1.6 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:
1.6.1 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
professional liability/Errors & Omissions policy;
1.6.2 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;
1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of
such cancellation will be provided at least 30 days in advance of the
cancellation effective date to the certificate holder;
1.6.4 If the policy is cancelled for nonpayment of premium, notice of such
cancellation will be provided within 10 days of the cancellation effective
date to the certificate holder.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
2 Rev 04/17
coverage, Consultant shall notify City of such lapse in coverage and 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.
1.8 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 withhold any payment(s) if any, which
become due to Consultant hereunder until Consultant demonstrates compliance with the
requirements hereof.
1.9 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.
1.10 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.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
3 Rev 04/17
•
SUPPLIER NUMBER
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
Corpus DISCLOSURE OF INTEREST
Chnsti
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 BLVD CITY: Corpus Christi ZIP: 78401
FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner ❑
4. Association 5. Other
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 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 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 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 N/A
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: Vice President/Principal
(Type or Print)
Signature of Certifying Date:
August 15, 2018
Person:
DEFINITIONS
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.