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C2020-045 - 1/28/2020 - Approved
000iT Cgs, i6,s4; ;;< iI SERVICE AGREEMENT NO. 2780 U aAPaa.Eo MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES 1852 FOR PROJECT (No./Name) 20121A— Bond 2020 Street Feasibility Studies 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 Urban Engineering, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 3 ARTICLE III QUALITY CONTROL PLAN 4 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 4 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS Master Services Agreement Page 1 of 10 3CANNED ARTICLE I — PROJECT TASK ORDER 1,1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order as shown in Exhibit A shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. 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 which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. 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 Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor,equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 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 the City's General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Master Services Agreement Page 2 of 10 ARTICLE II —COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $650,000.00. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M)basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order,and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City,which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. 2.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. 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 in compliance with the Texas Prompt Payment Act. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $650,000.00 Task 1 —TBD TBD Task 2—TBD _ TBD _ Task 3—TBD TBD Task 4—TBD TBD Task 5—TBD TBD Task 6—TBD TBD 2.7 In the event of any dispute(s)between the Parties regarding the amount properly compensable for any Task Order 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 provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 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. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed 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 2.5 above for services provided up to the date of suspension. Master Services Agreement Page 3 of 10 ARTICLE III —QUALITY CONTROL PLAN 3.1 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. 3.2 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 Opinion of Probable Cost(OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV— INSURANCE REQUIREMENTS 4.1 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. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V- 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. 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 VI —TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Master Services Agreement Page 4 of 10 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of two years beginning on the Effective Date. The Agreement may be renewed for up to one year renewal op • - -_ . -_ .. -----• _ - -- - . - - .-•- . 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII -TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation 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. Master Services Agreement Page 5 of 10 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee,which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. 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,federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice,Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX— OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 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. 9.1.3 Losses are incurred because of defects, errors and 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 defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. Master Services Agreement Page 6 of 10 9.3 When the City incurs non-value added work costs for change orders due to design errors 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 (4) Deadline for Consultant's response. 9.4 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. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X—CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI —CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation, additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim,except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and Master Services Agreement Page 7 of 10 settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution(ADR)process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. 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 ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty(30)calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County,Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In 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 in this Agreement. 11.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Master Services Agreement Page 8 of 10 ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture,this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse,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 professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects 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. 12.4 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. 12.5 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. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 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. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. 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/whatsnewlelf_info_form1295.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. Master Services Agreement Page 9 of 10 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form Cl Q with the City Secretary's Office,if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:l/www.cctexas.com/govemment/city-secretary/conflict-disclosure/index 12.11 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. 12.12 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. 12.13 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 unenforceabllity of any Article, sentence,clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit B, Scope of Services or in any other document prepared by Consultant and included herein, is In conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order,the Articles and/or the Task Order shall take precedence and control to resolve said conflict. 12.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI URBAN ENGINEERING ��-- —RA-,Z,o �,- �/'�` 13t. 2019 Michael Rodriguez Date James L. Urban, P.E. (Date) Chief of Staff Authorized Representative 2725 Swantner Drive Corpus Christi, Texas 78404 (361) 854-3101 Office jimu©urbaneng.com APPROVED AS TO LEGAL FORM murfh@urbaneng.com Aimee Alcorn-Reed 2020 01.03 14:36:36-06'00' Assistant City Attorney (Date) for City Attorney Funding shall be provided per task order. Contract Maximum Amount is $650,000. 15EST Le.,660L. Re ecca Huerta, City Secretary AU I NUkiLL.. IT COYMCIL I n Master Services Agreement Page 10of10 SECRETARv EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2019 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI COMPANY NAME, INC. Jeff Edmonds, P.E. Date Authorized Signer Date Director of Engineering Services Title Address City, State, Zip (xxx) xxx-xxxx name@email.com EXHIBIT A SAMPLE TASK ORDER PAGE 1 OF 1 LI 7 URBAN ENGINEERING November 14,2019 City of Corpus Christi—Department of Engineering Services 1201 Leopard Street Corpus Christi,TX 78401 Attn:Sarah West,P.E.,C.F.M.,Major Projects Engineer Re: Proposal for Engineering Services Feasibility Studies for Bond 2020&Future CIP Projects(Transportation) Ms.West: Through RFQ 2018-10 Urban Engineering was selected to perform unspecified feasibility MSA contracts. URBAN ENGINEERING is pleased to submit the following proposal for requested Engineering Services. Consultant's services shall be provided consistent with and limited to the standard of care applicable to such services. Said services will be consistent with attached "Street Feasibility(Bond 2020) Report Format Requirements". It is further understood that services rendered shall be performed on a Time and Materials (T&M) basis for the projects we are selected to complete. Urban Engineering's "Schedule of Rates—2019"is attached for reference. The not to exceed value of MSA work is: $650,000.00 The following items shall be provided by Client: 1. Access to site 2. Record Drawings of subject streets 3. Utility base maps in electronic format of subject streets 4. Preliminary pavement sections for subject streets 5. Proposed utility infrastructure improvements for subject streets We appreciate the opportunity to assist you in this matter and if you have any comments or questions please contact me at 361.854.3101 or e-mail me at murfh@urbaneng.com. Sincerely URBAN ENGINEERING --3//‘---: 7(X4 Murray F. udson,P.E. Project Manager (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI.TEXAS 78404 FAX(361)854-6001 www.urbaneng.com T8PE Firm#145 EXHIBIT B TBPLS Firm#10032400 Page 1 of 9 tiEURBAN ENGINEERING SCHEDULE OF RATES - 2019 Engineering Hourly Surveying Hourly Rates Rates Engineering Tech I $ 70.00 Survey Tech I $ 50.00 Engineering Tech II $ 85.00 Survey Tech II $ 75.00 UAV Specialist $ 95.00 Engineering Design Tech $ 105.00 GIS Specialist $ 105.00 Engineering Sr. Design Tech $ 130.00 Platting Specialist $ 110.00 Engineer I $ 100.00 Surveyor I(SIT) $ 95.00 Engineer II(PE) $ 110.00 Surveyor II (RPLS) $ 120.00 Engineer III(PE) $ 140.00 Surveyorlll(RPLS) $175.00 Engineer IV(PE) $ 155.00 Surveyor IV(RPLS) $ 180.00 Engineer V(PE) $190.00 Engineer VI (PE) $200.00 Survey Operations Manager $ 115.00 Engineer VII (PE) $250.00 1-Men Field Crew* $ 105.00 2-Men Field Crew* $ 150.00 3-Men Field Crew* $ 195.00 Principal/Engineer $260.00 UAV Flight Crew $250.00 Sr.Administrative Asst. $ 95.00 Utility Vehicle/ATV $ 150.00 per day Survey Administrative Asst. $ 80.00 Line Locator $ 100.00 per day Administrative Asst. $ 75.00 Survey Boat $450.00 per day Print Clerk $ 50.00 Depth Sounder $ 45.00 per day P.E.- Registered Professional Engineer S.I.T.-Surveyor in Training R.P.L.S- Registered Professional Land Surveyor •When Robotics are used on projects,it will be billed as an additional crew member. For services in court providing expert testimony,depositions or courtroom testimony;time spent will be billed at 150%of hourly rate plus travel and per diem as applicable. EXPENSES: Travel Expenses- mileage (other than rental car beyond a 30-mile radius from office) @$0.54/mile In-house Reproduction -at prevailing commercial rates Outside consultants and technical services -at cost plus 15%for handling all other expenses -at cost plus 15%for handling When it becomes necessary for an employee to remain overnight the following fees will apply: - Lodging will be billed to the client at cost+ 10% - Applicable per day per diem fees + 10% BILLINGSIPAYMENTS: Invoices for UE's services shall be submitted,at UE option,either upon completion of such services or on a monthly basis. Invoices shall be payable upon receipt and are considered late 30 days after the invoice date. If the invoice is not paid within 30 days, UE may,without waiving any claim or right against the Client,and without liability whatsoever to the Client,terminate the performance of the service. Retainers shall be credited on the final invoice. LATE PAYMENTS: Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.0%(or the legal rate)on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the client shall pay all costs of collection, including reasonable attorney's fees. If a Client has multiple late invoices, payments may be applied to the oldest invoice(s)first. These rates are subject to periodic review and change. Proper notification will be given of any rate schedule changes as they may become necessary. Rates are typically adjusted annually. (361)854-3101 2725SWANTNERDR•CORPUSCHRISTI,TEXAS78404 www.urbaneng.corn FAX(361)854 6001 TBPE Firm#145 TBPLS Firm#10032400 EXHIBIT B Page 2 of 9 °�Qus "q's Street Feasibility (Bond 2020) Report Format Requirements Prepare a Feasibility Report for each of the assigned projects. Each Street Project shall be bound individually and include the Project Title in the header. These reports should be very brief; use bullets and concise lists as much as possible. Include the following information in the order listed: I. Cover Sheet • Project Title • Photos—small, 2-3 images of pavement conditions specific to project • Submittal Date • Engineer's Note/Seal (as required by TBPE 137.33) ll. Executive Summary (1 to 2 pages; standalone document but bound in report after cover sheet)—The Executive Summary should be written with minimal technical references so the general public will understand what is stated. • Project Title • Submittal Date • Project Description (very brief explanation of existing conditions and proposed improvements; approximately 1-2 paragraph) • Opinion of Probable Cost Summary Table—include construction cost only • Estimated construction duration—assume $500k/mo. execution • Location Map—image of small City line map III. Table of Contents IV. Project Report—This should be written as if the Executive summary is not a part of the report. Items listed should not be duplicated between sections. 1. Project Description —This section can provide additional information to what is provided in Executive Summary and should still be brief. Include recommendation for including/excluding intersections at project limits. 2. Location Map- image of small City Line map 3. Existing Conditions and Proposed Improvements(Note: include information gathered in Project Evaluation Checklist.) 3.1. Street 3.1.1. Roadway 3.1.1.1. Existing • Approximate age of roadway • Street classification (C1, C2, Al, etc.) and description (2 lanes in each direction, one lane in each direction with a center turn lane, etc.; length in LF) • Roadway type (concrete/asphalt, curb & gutter or roadside ditches, etc.) • Existing ROW, pavement/B-B and lane widths Bond 2020—Feasibility Study Requirements Page 1 of 6 Street Projects 2019-10-16 EXHIBIT B Page 3 of 9 • • Current PCI value (City staff will provide a spreadsheet with this information) • Development in the area (residential, commercial, industrial) and significant facilities (schools, fire stations, hospitals, etc.), not just within the project limits, that may be impacted 3.1.1.2. Proposed • Street classification (C1, C2, Al, etc.) and description (2 lanes in each direction, one lane in each direction with a center turn lane, etc.). Note if proposed classification meets or deviates from current UTP and requires plan amendment. • Proposed ROW, pavement/B-B and lane widths. Include recommendation for Land Acquisition based on proposed improvements if ROW is needed (beyond corner clips). Provide aerial with shading to indicate proposed ROW needed (Appendices) • Pavement type(general comments;conceptual pavement section and basis for both concrete and asphalt. Include considerations for only bidding one pavement option if applicable.) • Specify what is included in the street scope, intersections, turn lanes, access roads, etc. 3.1.2. ADA 3.1.2.1. Existing 3.1.2.2. Proposed 3.1.3. Traffic signals 3.1.3.1. Existing 3.1.3.2. Proposed 3.1.4. Street Illumination 3.1.4.1. Existing 3.1.4.2. Proposed 3.1.5. Bike Facilities 3.1.5.1. Existing 3.1.5.2. Proposed 3.1.6. RTA Facilities 3.1.6.1. Existing 3.1.6.2. Proposed 3.2. City Utilities (Note: section requirements shown under Storm Water, but all other Utilities should have same information) 3.2.1. Storm water 3.2.1.1. Existing • Size, type, age& location of utility as found in GIS&As-Builts Bond 2020—Feasibility Study Requirements Page 2 of 6 Street Projects 2019-10-16 EXHIBIT B Page 4 of 9 • • Visual/site inspection to note City utilities in the area and verify general alignment/location of City utilities. • Summarize maintenance history for each system—coordinate directly with Utilities for maintenance reports, with reports provided in appendix. 3.2.1.2. Proposed • Size, type and location of proposed utility — brief description, use concise bullets as applicable • Basis for recommendation—based on maintenance issues and future projections/master plans, etc. (i.e. are there condition issues and/or capacity issues). o Brief summary of master plan ■ Include plan/design assumptions ■ Consideration for need and timing of ultimate buildout ■ Deviations and reasoning for not meeting ultimate buildout ■ Considerations for future connections(stub outs, etc.) ■ Include summary of any anticipated off-site improvements needed 3.2.2. Water 3.2.2.1. Existing 3.2.2.2. Proposed 3.2.3. Wastewater 3.2.3.1. Existing 3.2.3.2. Proposed 3.2.4. Gas 3.2.4.1. Existing 3.2.4.2. Proposed 3.3. Third Party Utilities(Note:section requirements shown under AT&T,but all other Third Party Utilities should have same information) 3.3.1. AT&T 3.3.1.1. Existing • Visual/site inspection to note third Party utilities in the area and verify general alignment/location of third party utilities. • Coordination with AT&T and AEP regrading location of their facilities. Include AT&T and AEP Information Request Form as appendix, along with results/response. • Location—proximity within ROW (example: 1' off Right ROW) • Type—Aerial, underground, minor lines, major duct bank, etc. 3.3.1.2. Proposed • Summary of required relocations and potential conflicts based on proposed project improvements, provide map per appendix 3.3.2. AEP Bond 2020—Feasibility Study Requirements Page 3 of 6 Street Projects 2019-10-16 EXHIBIT B Page 5 of 9 3.3.2.1. Existing 3.3.2.2. Proposed 3.3.3. Others 3.3.3.1. Existing 3.3.3.2. Proposed 4. Agency/Permit Coordination Requirements 5. Engineer's Recommendation for Improvements - Based on the Engineer's review of the Project, site visits, maps, records, etc., provide any additional engineering observations or recommendations to discuss or consider for the proposed Project that would improve efficiency, save costs, reduce public impact,or provide a better end project and/or use of funds. Provide potential alternatives on this Project that could be considered if the budget comes up short from the OPCC during the future design phase. 6. Opinion of Probable Cost 6.1. Summary Table of construction costs divided between Streets, Storm Water, Water, Wastewater and Gas 6.2. Assumptions for Opinion of Probable Cost 7. Project Timetable/Schedule 7.1. Estimated design phase duration— include justification for proposed duration for City consideration 7.2. Estimated construction duration (assume$500k/mo). Include any considerations for longer or shorter time estimate for City consideration. Include list of assumptions. 7.3. Follow format provide below: Design Phase: XX months Construction Phase:XX months Considerations for shorter/longer design: • 1 • 2 • 3 Considerations for shorter/longer construction: a) 1 b) 2 c) 3 Appendices: Appendices must be tabbed for quick reference. A. Location and Vicinity Maps 1. Use attached file template (see examples) 2. 1 page each,8.5" x 11" A.1—Location Map A.2—Vicinity Map (should have aerial background ) B. Strip Map 1. Project Title 2. North Arrow 3. Sized to 11" x XX"—fold out and bound with report Bond 2020—Feasibility Study Requirements Page 4 of 6 Street Projects 2019-10-16 EXHIBIT B Page 6 of 9 • 4. Aerial Photograph as Background 5. Relevant street names 6. Proposed street configuration 7. Proposed new alignment (if alignment changing) 8. New width 9. Lanes (show arrows for direction) 10. Sidewalks and bike facilities (if applicable) C. Cross sections including utilities- Existing and proposed on the same 8.5"x 11" page D. Adopted Bike plan page(s)—from attached plan E. Utility base maps (area maps, not strip maps) — include existing and proposed (mains and laterals, not service lines) in same map on single 11"x 17" sheet per utility. E.1—Storm Water E.2—Water E.3—Wastewater E.4—Gas F. Utility complaint/maintenance reports F.1—Storm Water—include flood report map and maintenance reports F.2—Water F.3—Wastewater F.4—Gas G. Strip map with third party relocations and potential conflicts highlighted —11"x 17" H. Third Party Information Request Form, along with results/response H.1—AT&T H.2 —AEP I. OPCC 1. Use current Bid Form (signature blocks can be eliminated). 2. Construction Costs Only; City will add other administrative project costs when establishing project budget 3. Include a 20% "Unidentified Work Items" line item for each section in the detailed breakdown—The 20%includes unknown design elements and pricing variability. 4. Do not include "allowances" or"contingencies". 5. Include estimates for both pavement options. 1.1—Base Bid 1—Asphalt 1.2— Base Bid 2-Concrete J. Project Evaluation Checklist (template and example attached) K. Photo key map and photographs with descriptions (include key item(s) to note in photo) L. Utility Master Plan map pages L.1—Storm Water L.2—Water L.3—Wastewater L.4—Gas M. FEMA Map Pages Bond 2020—Feasibility Study Requirements Page 5 of 6 Street Projects 2019-10-16 EXHIBIT B Page 7 of 9 NOTE: if an element is not present on a project, do not skip the section. Include in the report that the element is not present/does not exist in the project limits. Also include recommendation (i.e. add or no improvements) Examples: • No curb ramps exist within the project limits. Recommendation includes adding ramps at all intersections. • No water distribution line exists within the project limits. • Recommendation includes adding an 8" water distribution line and fire hydrants to meet minimum fire coverage. • No wastewater collection lines exist within the project limits. • No wastewater improvements are recommended. All adjacent properties are currently connected to City wastewater via rear access to wastewater. Submittal Requirements: 1. 1 Draft Report (2 hard copy and 1 electronic) 2. 1 Final Report(1 hard copy and 1 electronic) Bond 2020—Feasibility Study Requirements Page 6 of 6 Street Projects 2019-10-16 EXHIBIT B Page 8 of 9 LI URBAN ENGINEERING SCHEDULE OF RATES-2020 Hourly Rates Hourly Rates Engineering Tech I $ 75.00 Survey Tech I $ 55.00 Engineering Tech II $ 90.00 Survey Tech II $ 80.00 Engineering Design Tech $ 110.00 GIS Specialist $ 90.00 Engineering Sr. Design Tech $ 135.00 Platting Specialist $ 115.00 Engineer I (Graduate) $ 105.00 Surveyor I (SIT) $ 100.00 Engineer II (PE) $ 115.00 Surveyor II (RPLS) $ 125.00 Engineer III(PE) $ 150.00 Surveyor III (RPLS) $ 185.00 Engineer IV(PE) $ 165.00 Surveyor IV(RPLS) $ 200.00 Engineer VI(PE) $ 210.00 Engineer VII (PE) $ 260.00 Survey Operations Manager $ 120.00 1-Man Field Crew $ 105.00 2-Men Field Crew' $ 150.00 Principal/Engineer $ 270.00 3-Men Field Crew ` $ 195.00 UAV Flight Crew $ 250.00 Sr.Administrative Asst $ 95.00 Survey Administrative Asst $ 85.00 Administrative Asst $ 75.00 Utility Vehicle/ATV $ 150.00 per day Print Clerk $ 50.00 Line Locator $ 100.00 per day Survey Boat $ 450.00 per day Resident Inspector $ 75.00 Depth Sounder $ 45.00 per day E.I.T.-Engineer in Training P.E.-Registered Professional Engineer S.I.T.-Surveyor in Training R.P.L.S-Registered Professional Land Surveyor •When Robotics are used on projects,it will be billed as an additional crew member. For services in court providing expert testimony,depositions or courtroom testimony,time spent will be billed at 150%of EXPENSES: Travel Expenses-mileage(other than rental car beyond a 30-mile radius from office)@$0.58/mile In-house Reproduction-at prevailing commercial rates Outside consultants and technical services-at cost plus 15%for handling All other expenses-at cost plus 15%for handling When it becomes necessary for an employee to remain overnight the following fees will apply: • Lodging will be billed to the client at cost+ 10% • Applicable per day per diem fees+ 10% These rates are subject to periodic review and change. Proper notification will be given of any rate schedule changes as they may become necessary.Rates are typically adjusted annually. (361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 TUTS Firm#10032400 EXHIBIT B Page 9 of 9 Sample form for: COMPLETE PROJECT NAME Payment Request 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 $12,997.00 $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). mm v x 0 C EXHIBIT D 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 Contracts and Procurement 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 09/19 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: Contracts and Procurement 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 09/19 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 09/19 c2;11 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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: Urban Engineering P.O. BOX: STREET ADDRESS: 2725 Swantner CITY: Corpus Christi ZIP: 78404 FIRM IS: I. 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 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349(d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. Certifying Person: James L.Urban,P.E. Title: Authorized Representative (Type or Print) Signature of Certifying Date: 0-.• 3‘•71) 19 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. EXHIBIT"E" Page 2 of 2