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HomeMy WebLinkAboutC2005-258 - 5/31/2005 - ApprovedAgreement for Consultant Services Utility Rate Analysis The City of Corpus Christi, Texas, hereinafter called "City", and HDR Engineering, Inc., Inc. hereinafter called 'Consultant", hereby agree as follows: I. SERVICES TO BE PERFORMED The Consultant hereby agrees, at his/her own expense, to perform all services necessary to research, document, and complete the scope of work to complete the project described as follows. II. SCOPE OF SERVICES A. Task I - Data Gathering and Initial Policy Guidance Consultant would hold a kick-off meeting with the City staff to coordinate data needs and to discuss the policy perspectives of the City in addressing stakeholder involvement, utilities' cost of service, and rate design issues. Key utilities issues that are likely to be pertinent in this study include: Viable funding of utilities programs. Accurate cost of service allocations. Fair and equitable retail and wholesale rates. Identifying and addressing key stakeholder concerns. Factors affecting revenue stability, including growth, variable weather conditions, conservation rates, and conservation gains by industry. Consideration of affordability of utilities to Iow- and fixed income citizens (i.e., proper design of customer classes and/or minimum and Iow tier rates) Customer use patterns, cost of service and revenue requirement allocations, City policy goals, and administrative feasibility, review & recommend alternative rate design approaches, if warranted. Consistency of rates with federal & state government legal/regulatory requirements. The City will supply or make available the following data to the extent such data is available: · Recent years' departmental actual revenue and expenditures, est. year-ending budget, and pending budget information for all utilities, · Recent years' monthly service use by customer class & usage block, · Recent years' monthly resource production (pumping/inputs to the system, wastewater treatment plants, effluent, etc.), Capital Improvements Programs, Any new pending O&M programs, Current rate/fee ordinance and any applicable bond covenants, Other development ordinances that may affect utility finance, Wholesale or large institutional contract provisions, and Other pertinent planning, engineering, and financial reports. IIDR Engineering 2005-258 05/31/05 M2005-179 Page I o[ 13 The Consultant will coordinate with the City to determine the ;referred tool(s) to be used to model the utilities' rates. Consultant may be directed to: make use of the existing large, complex model; · compress the existing model and incorporate that detail ~n a more user-friendly format; or use an alternative model proposed by Consultant. The City desires the selected model to be integrated, easy to understand and navigate; and provides a wide array of forecasting capabilities useful for budgeting, capital planning, cost of service determination, or rate-setting purposes. The model should allow the user to make changes in key parameters, such as the ClP, and instantly see the physical and financial consequences of that change. B. Task 2 - Evaluate Customer Use and Production Data The Consultant will examine various utility data from the City's utilities' production and billing systems to develop planning forecasts of customer counts, service use, and service production. Information on utilities' accounting (customer count and volumetric use), customer use patterns, and utility systems layouts will be used to forecast the relationship between billed service and production; identifying source of supplies and costs; types of uses; seasonal use patterns; assessing customer class definitions; and identifying trends in customer growth. The Consultant will assess the impact weather and conservation efforts have or may have on service demand and utility revenues. The Consultant will make recommendations as to how weather and conservation efforts should be addressed through demand forecasting assumptions, rate design, or financial reserves. The Consultant will consider the impact of recurrent cycles of droughts and "floods" in the rate design process. C. Task 3 - Existing/Projected Cost of Service The Consultant will assess existing utility financial and system information and identify the current costs of service. The task will directly relate expenditures to each utility, common costs that must be allocated among the utilities, and other costs related to municipal support of the utility systems. The Consultant will allocate the existing system costs into the various functional components of each utility, reflecting the resource supply, treatment, pumping, storage, transmission, customer- related, and general and administrative expenses. The Consultant will identify costs related to base and seasonal use and resultant required facility capacity. The Consultant will consider Inflationary trends, non-inflationary trends (power, fuel, group medical, etc.), contract provisions, prospective capital improvements and/or new operational programs will be considered in the expenditure and cost allocation forecasts. The Consultant will coordinate Page 2 of 13 closely with City staff to assure that the key assumptions, identified costs, and cost allocations are appropriate. The Consultant will use functional and base/excess capacity cost allocations to identify facilities and costs that are used and useful to various types of retail and wholesale City water customers. D. Task 4 - Develop Improved Model The Consultant will meet with the City to discuss its review of the prior rate model to determine what can be done to streamline its design and increase its user-friendliness. The exiting model contains dissimilar formats on separate worksheet tabs which will require movement of data and adjustments to reformat tabular data into consolidated worksheets to create a grouping of similar tabular data to have the same columnar layout in a consolidated format. Movement and re-arranging of the model will require macros to be re-written to manipulate and refresh data. The existing model contains coded macro language that is designed to "wipe and refresh" the worksheets each time it is updated so that data history is subsequently lost in the over-writing of the worksheets. These features must be carefully documented, disabled, and re-coded to update the model. The model contains elements that appear unnecessary, such as the presence of code for testing various alternatives that may not longer be relevant and seasonal (summer versus winter) distinction of detailed water demand forecasts by block. These links must be researched to determine their relationship to other portions of the model to restore necessary links. It is mutually acknowledged that this represents a significant undertaking to streamline the existing model. The Consultant will explore alternative models that incorporate water, wastewater natural gas, and storm water components and containing "what-if" forecasting capabilities in a straightforward, easy- to-understand, and printable layout. Such alternative models must permit model editing features to address change. Such alternative models must allow for updating while preserving the history of data from prior years. The Consultant will advise City staff on the alternative approaches to the modeling and make recommendation as to the most beneficial approach. The Consultant acknowledges that the same level of effort that is required for either approach and the agreed fee is adequate for the required effod. It mutually acknowledged the model's level of functionality is dependent on the selected approach. The fee provides for inclusion of gas and wastewater utility components into a new model, but does not include a utility rate or cost analyses for the gas and wastewater utilities. Page 3 of 13 E. Task 5 - Assess Miscellaneous Service Fees The Consultant will review the following miscellaneous water service fees for their adequacy: · Cut Fee · Lost fire hydrant meters · Meter moves-Water · Water Meter Reset · Meter Tail Water · Pull Water Meter · Utility Relocation Charges · Fire Sprinkler Taps · Water Constuction Meter Set · Meter exchange - Water · Tap,s/Water tap-loop Taps/Water loop · Taps/Constuction meter set TapsANater meter moves · Taps-Water loop · Taps-Water meter exchange · Taps-Water meter move The Consultant will accomplish the review through a benchmarking and staff interview approach. Similar fees from other comparable utilities will be surveyed, and Corpus Chdsti City Staff will be interviewed as to levels of efforts involved in providing the particular service rendered. This level of effort does not include a detailed "time and motion" type surveillance of City stab~ efforts in providing these services, nor does this task effort include a review or re-development of the City's capital recovery charges. These additional services can be provided, upon request. If an additional fee if required, authorization of the additional fee will be evidenced through a written amendment of this contract The City will provide various unit costs ol= salary and salary-related expenses, as well as costs related to equipment (computer, trucks, backhoes, etc.) or purchased materials (meters, etc.) used in providing the services. F. Task 6 - Determine end Allocate Revenue Requirements The Consultant will identify the needed rate revenue requirements based on the cost of service assessment. The Consultant will consider non-rate revenues, operating reserves goals, debt service coverage, or other bond covenant requirements in calculating the near and long term revenue requirements. Page 4 ol 13 The Consultant will evaluate: growth, weather conditions, conservation gains, rate design, and other system features affecting the degree of revenue stability, expenditure predictability, desired operating reserves, and thus the revenue requirements, each utility being part of a broader "combined utility" for which revenue bond debt is issued and times coverage compliance is ultimately assessed, unbilled water accounts, storm water funding issues, and existing balance and future receipt and application of lot/acreage fee revenues that can have an effect on rate revenue requirements. Consultant will project existing utility impact fees with the City providing forecasting assumptions that would identify the amount and application of impact fees. This evaluation does not consist of the development or redevelopment of impact fees for the City. The development or revision of impact fees will be undertaken upon request. If an additional fee if required, authorization of the additional fee will be evidenced through a written amendment of this contract. The Consultant will allocate the overall revenue requirements to the customer classes for cost- recovery purposes. The Consultant will provide the City with information regarding cost allocation methods regarding policy decisions and coordinate the allocation method with City staff. It is anticipated base-extra capacity or the commodity-demand methodologies will be used for these allocations. G. Task 7 - Adequacy of Existing Rates and Alternative Rate Designs The Consultant will determine the adequacy of the existing utility rates. The adequacy will based on planning forecasts of customer counts, expected utility volume sales, projections of each utility's planned/anticipated expenses, and revenue requirements. The Consultant will make a "no rate action" forecast, to determine if, or for how long, each utility's financial performance goals for reserves or debt coverage will be met with the current utilities' rate structure designs and pricing levels. The Consultant will review will determine when rate adjustments may be needed, and the existence of other reasons why a new rate structure design is warranted. The Consultant will review the current rate structure and potential alternative rate design approaches for: ability to recover targeted revenue requirements; revenue stability fairness and equity to and among customer classes; ease of implementation, administration, and understanding; and promotion of City and utility policy goals. Page 5 of 13 The Consultant will consider customer account and meter costs, equivalent meter data, and City policy goals for revenue stability, Iow/fixed income affordability, promoting conservation, etc when making recommendations for minimum or fixed monthly charges. The analysis will include various volume rate design approaches in terms of fairness in assignment of seasonal peaking costs to certain customer classes; effectiveness in promoting water conservation; affordability for Iow- income, fixed-income, or other disadvantaged customers. The Consultant will identify any expenses which are appropriate to be recovered as pass-through charges. The City may direct the Consultant to examine other approaches, such as different types of water conservation rates, tailored rates, or other rate design methods, etc. The Consultant will if necessary include special cost of service and rate design issues such as: use of the "cash basis" of ratemaking for inside-city customers and use of the "utility basis" of ratemaking for out-of-city and wholesale customers (the latter method allows for recovery of a rate of return from non-owners of the system). evaluation and development of wholesale rates to ensure that: wholesale customers are treated fairly and charged in a manner that facilitates their budgeting and payment, and Corpus Christi's costs of serving them and its revenue needs are also met in an adequate and timely manner. The Consultant will base its overall methodologies on its professional experience and accepted rate design methods when making recommendations for City consideration. Professional literature or regulatory guidelines that will be considered include: ;~ AWWA Manuals M-1 Water Rates M-26 Water Rates & Related Charges M-29 Water Utility Capital Financing M-34 Alternatives Rates M-34 Water Rate Structures & Pricing M-35 Revenue Requirements . AWWA Research Foundation Papers > TCEQ Water Conservation/Drought Response Rules ;- TWDB Rules on Conservation and Funding Assistance > TML and Raftelis Water and Wastewater Rate Surveys The Consultant will working with City staff and stakeholder groups to identify and discuss the alternative rate design approaches addressing equity, defensibility, revenue effectiveness and stability, implementation issues, administrative ease, ease of communication to customers, and other factors. The Consultant will make a recommendation on a preferred approach after reviewing the results of meetings with City staff and stakeholder groups. Page 6 of 13 H. Task 8 - Model Training and Transfer The Consultant will initiate a follow-on effort to train City staff on use and maintenance of the model and to transfer it to the City for long-term use upon the completion of the model development and study reporting efforts at the end of 2005. The Consultant will prepare a Users Manual pdor to the training and revise the manual during the training process. The model is to be available for use by City staff during the FY2006-2007 budget process to identify utility revenue needs. The Consultant's fee does not include final development or coordination of the FY2006-2007 rate analysis. The City will identify staff member(s) and make available staff to serve as the City's model "operator." That staff member(s) will work closely with CONSULTANT during the development of the model to permit a basic understanding of the model prior to the commencement of the training and transfer effort in early 2006. I. Task 9- Reporting Status Reports and Meeting Summaries. The Consultant will prepare and submit monthly status reports with the invoices outlining progress to date and any issues affecting future work. The Consultant will prepare and maintain written summaries of meetings which will be included with the monthly status report. Technical Memoranda. The Consultant will develop and submit two interim technical memoranda to provide the technical basis for consideration of alternative rate designs. The memoranda will then be addressed in the draft report: # 1. Evaluation of the City' Utilities Use and Production Information - This memo will evaluate trends in population and economic development, customer counts, annual and seasonal service use by class, per capita demand, resource production by source, and unbilled and unaccounted-for service volumes. This information will provide the basis for the utility demand and supply use forecasts, viability of existing customer class definitions, and seasonal use patterns and peaking ratios by class. # 2. Assessment of the Existing Cost of Service will include bases for projected cost of service, revenue requirements, and allocation methodologies to functional areas and customer classes. Draft and Final Reports. The Consultant will use information from its Technical Memoranda with the addition of other information (study background; review of current rate design, ordinances, and policies; alternative rate design considerations, summary of stakeholder coordination and input; and recommendations) to develop a draft report. Page 7 of 13 The draft report will include an easy-to-read Executive Summary and other technical information appended to the main report. The Consultant will provide a sufficient number of draft copies will to the City and key stakeholder groups. The City and Consultant will agree to a defined period for review and comment. The Consultant will prepare, with City concurrence, the final the report and provide with copies for distribution after closing of the comment period. The Consultant will maintain overall project coordination, reporting efforts, the development of meeting agenda, meeting summaries, handouts, PowerPoint presentations, and material for public education. Ordinance. The Consultant will review the City's current rate, fee, bond covenant, and development ordinances and supply contracts as they may pertain to defining the utilities' cost of service, revenue requirements, contractual service arrangements, or the levy of charges. This information will be considered, along with the results of any recommended rate adjustments, in assessing the need for amending the existing rate ordinances or drafting of new ordinances. These considerations as to ordinance approach will be made in conjunction with City staff, management, and the City Attorney. The Consultant will prepare preliminary draft ordinances for review and comment by City staff and others. The draft and final ordinances would employ modern legal and legislative drafting styles. The ordinances would become the property of the City and will not be reused by members of the Consultant without written permission from the City. J Task 10- Coordination The Consultant will prepare various materials for all significant project coordination efforts, including agendas, handouts, PowerPoint Slides, and summaries of meetings. Staff Coordination. Consultant will maintain frequent contact with the City contract manager and staff. The Consultant has or will prepare and conduct an initial meeting to discuss and coordinate data gathering, various policy issues that will be important to the study, the project's communication plan, and the composition and formation of Advisory Committees. Additional coordination will include regular phone call and status reporting to the City's contract manager. Stakeholder Involvement and Advisory Committee. Consultant will develop for City staff approval a communications and stakeholder involvement plan. It is anticipated that three Advisory Committees, generally representative of key stakeholder interests in the community, be formed as a sounding board for ideas, a focal point for comments, and to serve as a basis for review of the work products that are relevant to their interests. The advisory groups are intended to provide a venue for input and resolving issues. The Consultant will work with City staff to refine the key stakeholder and Advisory Committee coordination details. Page B of 13 Community Information. The Consultant will identify what level of public information and coordination efforts are desired for the general public. It is anticipated that stakeholder meetings will be open to the public, that a list of attendees and contact information be kept, and other matenals will be developed that are suitable tor inclusion in newsletters, press releases, or posting to the City's web site. City Council Decision-Making Support. Consultant will prepare presentations as needed to the City Council during the course of the study. It is anticipated that one presentation will be made when the draft report is being prepared to appraise Council of draft recommendations and the positions of key stakeholder groups. This will allow for City Council input to the finalization of the report and drafting of ordinance provisions. Additional Council coordination will be supplied as needed. Consultant will support remainder of the decision-making process by the City Council, including drafting of the rate ordinance (in conjunction with City staff) and provide expert support during the public hearing/ordinance adoption process. It is anticipated project coordination will require eighteen (18) person-trips for this scope of work and completion of the project. K. POINT OF CONTACT - The Assistant City Manager for Public Works and Utilities will designate a single point of contact for all communications, information and documents to pass through. Any actions taken by the Consultant on instructions, information or concurrence provided by or through any other source will not be compensated under this contract. L. ORDER OF SERVICES - The Consultant agrees to begin work immediately after written authorization. The preliminary schedule for the project is attached as Figure 1. III. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $255,790.00. This fee will be full and total compensation for all services provided and authorized expenses incurred in performing the tasks specified. Authorized expenses include out of town travel, lodging, and meal. Mileage will be reimbursed at the IRS authorized rate. Other authorized expenses will be reimbursed upon submission photocopies of receipts. The City will reimburse the Consultant for authorized expenses in an amount not to exceed $8,060.00. The Consultant will not be reimbursed for mileage while traveling within the City of Corpus Christi. The table "Summary of Fees" shall be used when calculating the fee due for the proportion of services completed. The City shall make prompt payments in response to Consultant's statements for Professional Services. Billing for services provided will be based on the Consultant's estimate of the percent of services complete at the time of billing. However, in no case will the billing exceed 90% until the delivery of any documents has been reviewed and accepted by the City. Page 9 of 13 Consultant will submit monthly statements for work authorized by the Assistant Director of Engineering Services and performed by the Consultant. The statement will be based upon Consultant's estimate and concurrence by the City of the proportion of the total services actually completed at the time of billing. The City will make prompt monthly payments in response to Consultant's monthly invoices. All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the Summary Schedule of Fees. Invoices will be sequentially numbered for each project and state the project name. The letter shall state the number of the current invoice, the contract fee for each task, the amount previously invoiced for each task, and the current amount due. Invoices will be organized to accommodate funding sources. Summary of Fees: A Task 1 - Data Gathering and Initial Policy Guidance 9,808 B. Task 2 - Evaluate Customer Use and Production Data 10,664 C. Task 3 - Existing/Projected Cost of Service 25,358 D. Task 4 - Develop Improved Model 34,348 E. Task 5 - Assess Miscellaneous Service Fees 12,071 F. Task 6 - Determine and Allocate Revenue Requirements 15,835 G. Task 7 - Adequacy of Existing Rates and Alternative 10,825 Rate Designs H. Task 8 - Model Training and Transfer 11,135 I. Task 9 - Reporting 17,410 J. Task 10 - Coordination 80,276 Labor Subtotal Travel, Per Diem, Printing & Reproduction Subcontractor Expense (Collier, Johnson & Woods) Total 227,730 8,060 20,000 $255,790 IV. TERMINATION OF CONTRACT The City Manager may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address specified below. If termination occurs prior to the final completion of all work contemplated by this contract, the Consultant shall be paid a reasonable compensation for the services actually rendered in accordance with the above-described schedule of fees and in proportion to the amount of work done on such stages or phases as have been authorized. The foregoing shall not be construed to require the City Manager to compensate the Consultant for any services not performed in a proper, professional manner. Page 10 of 13 V. NOTICE ADDRESS Correspondence concerning this contract shall be sent to the City and Consultant as follows: City: Ass't. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 361-826-3500 Fax: 361-826-3501 Consultant: Carl Crull, P.E. HDR Engineering, Inc. 5151 Flynn Parkway, Suite 314 Corpus Christi, Texas 78411 (361 ) 857-2216 Fax: (361) 857-0509 VI. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The Consultant agrees that local architectural and engineering liaisons will be used to the extent practical. VII. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data shall upon payment of all fees and reimbursable expenses owed under this agreement, be the sole property of the City. Those documents may be used by the City Engineer for other City projects, and with the exception of standard details that are not specific to this project may not be used again by the Consultant without the express written consent of the City Engineer. The City will assume sole liability for arising out of any reuse or modification of the Consultant's documents, except where the Consultant is found to be liable by a court or forum of competent jurisdiction. VIII. CORRECTING MA'FI'ERS Any extra cost and expense necessary to correct matters caused by failure of the Consultant or his/her sub-consultants to exercise a reasonable degree of professional care will be paid by the Consultant and not reimbursed by the City. IX. ASSIGNABILITY The Consultant shall not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant's staff. No part of the Consultant's fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City shall 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. X. INSURANCE The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, by an insurance company acceptable to the City. Page 11 of 13 V. NOTICE ADDRESS Correspondence concerning this contract shall be sent to the City and Consultant as follows: City: Ass't. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 361-826-3500 Fax: 361-826-3501 Consultant: Carl Crull, P.E. HDR Engineering, Inc. 5151 Flynn Parkway, Suite 314 Corpus Christi, Texas 78411 (361 ) 857-2216 Fax: (361) 857-0509 VI. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The Consultant agrees that local architectural and engineering liaisons will be used to the extent practical. VII. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data shall upon payment of all fees and reimbursable expenses owed under this agreement, be the sole property of the City. Those documents may be used by the City Engineer for other City projects, and with the exception of standard details that are not specific to this project may not be used again by the Consultant without the express written consent of the City Engineer. The City will assume sole liability for arising out of any reuse or modification of the Consultant's documents, except where the Consultant is found to be liable by a court or forum of competent jurisdiction. VIII. CORRECTING MATTERS Any extra cost and expense necessary to correct matters caused by failure of the Consultant or his/her sub-consultants to exercise a reasonable degree of professional care will be paid by the Consultant and not reimbursed by the City. IX. ASSIGNABILITY The Consultant shall not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant's staff. No part of the Consultant's fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City shall 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. X. INSURANCE The Consultant will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "A" by an insurance company acceptable to the City. Pagellof13 Xl. DISCLOSURE OF INTEREST In compliance with City of Corpus Christi Ordinance No. 17112, Consultant agrees to complete the City of Corpus Christi Disclosure of Interests form which is incorporated in the contract as Exhibit CITY OF CORPUS CHRISTI By:'.~ Ronald F. Massey Assistant City Manager HDR ENGINEERIN~ INC. Carl E. Crull, P.E. Date Vice President ATTEST: City Secretary APPROVED AS TO FORM: tN Page 12 of 13 MANDATORY CONTRACT PROVISIONS (Revised September, 2001) INSURANCE REQUIREMENTS CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage Commercial General Liability including: Commercial Form 2 Premises - Operations 3 Explosion and Collapse Hazard 4 Underground Hazard 5 Products/Completed Operations Hazard 6 Contractual Insurance 7 Broad Form Property Damage 8 Independent Consultants 9 Personal Injury AUTOMOBILE LIABILITY--OWNED NON- OWNED OR RENTED $2,000,000 COMBINED SINGLE LIMIT $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $100,000 EXCESS LIABILITY PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long-tern environmental impact for the disposal of contaminants $1,000,000 COMBINED SINGLE LIMIT $2,000,000 COMBINED SINGLE LIMIT [ ] REQUIRED tX] NOT REQUIRED In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. Page 1 of 3 II HOLD HARMLESS Consultant agrees to indemnity, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees. for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law, If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 - Attention: Contract Administrator Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. On the cer[ificate of insurance: The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. Page 2 of 3 Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left" If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted IV The name of the project also needs to be listed under "description of operations". At least 10-day written notice of change or cancellation will be required. A completed Disclosure of Interest must be submitted with your proposal. Exn{'~]P "b" Pa%e 3 ef 3 ~~~ ~ ~ ~ Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME:. HDR Enaineerina, Inc. STREET: 5151 FIvnn Parkwav, Suite 314 FIRM is: 1. Corporation X 2. Partnership__ 5. Other CITY: Corpus Christi 3. Sole Owner ZIP:_ 78414 4. Association DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 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 Jo~ Title and City Department (If known) N/A 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 State the names of each 'board member' of the City of Corpus Christi having an "ownership interest' constituting 3% or more ot the ownership in the above named 'firm'. Name Board, Commission or Committee N/A State the names of each employee or officer o! 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 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: {~arl E. Crull Title: Vice President (Type o~ Print) Signature of Certifying Person: ~"~~ Date: :~/~/J~ t Peg of -II DEFINITIONS a. "Board Member". A member o! any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. ~Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or pert time basis, but not as an independent contractor. c. ~Firm'~. Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service Including but not limited to, entities op~-ated in the form of sole p. roprie, torship, as self-empioyed person, partnership, corporation, joint stock company, Joint venture, recelver,~h~p or trust and entities which, for purposes of taxation, are t~eated as non-profit organizations. d. "Official". The Mayor, mambers o! the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Munimpel Court Judges of th® City of Corpus Christi, Texas. e. ~Owne~shlp 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. ~Constructiveiy held" refers to holding or control established through voting t~usts, proxies or special terms of vanture or partnership agreements. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of 2 ~