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HomeMy WebLinkAboutC2006-548 - 12/12/2006 - ApprovedCITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 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 Mana+ger or Designee (Director of Engineering Services) and Freese and Nichols. Inc., a Texas corporation, 1234 Broadway, Suite 000, Corpus Christi, Nueces County, Texas 78123, (Architec~lEngineer - A/E), hereby agree as follows: 1 SCOPE OF PROJECT O.N. Stevens WTP Clearwell No. 2 Repairs (Project No. 8546) Clea~well No. 2 has experienced settlement that has led to leakage at the vertical expa~sion joints in the perimeter walls. Large holes have developed in the soil near the walls due to water. This project consists of designing repairs to the expansion joints to prevent le2~kage and improve the drainage around the clearwell. Plans and specifications will l~ developed to assist the City in selecting a contractor to construct the repairs. 2 SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perForm design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" ta complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. i A/E services will be "Services for Construction Projects"- (Basic Services for Co~istruction Projects") which are shown and are in accordance with "Professional Engineering Services- A G~ide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purpc3ses of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon recei~# of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and : written authorization is provided by the Director of Engineering Services. The anticipated schec~ule of the preliminary phase, design phase, bid phase, and construction phase is ~ shown on E~chibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Directo~ of Engineering Services Freese and 'Yichols 2006-548 l2/12/06 M2006-395 CONTRACT FOR ENGINEERING (LARGE A!E) SERVICES Page 1 of 3 Last Revision: Dec 2004 The Qirector of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4 MANDATORY REQUIREMENTS A/E a~grees to the mandatory contract and insurance requirements as set forth in Exhibit «B„ 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services auth~ized. Monthly invoices will be submitted in accordance with Exhibit "D". 6. TERMINATION OF CONTRACT The Gity may, at any time, with or without cause, terminate this contract upon seven days written not~ to the A/E at the address of record. In this event, the A/E will be com~snsat~ for its servic~s on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professionat servicxs be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work descr~ed f~erein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASS~GNABILITY The A!~ will not assign, transfer or delegate any of its obliga#ions or duties in this contract to any other person without the prior written consent of the City, except for routine duties deleg~t#ed to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termir~ation of the partnership, this contract will inure to the individual benefit of such partn~ or p~rtners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The C~yy will not pay the fees of expert or technical assistance and consultants unless such emplo}tment, including the rate of compensation, has been approved in writing by the City. 9. 01NNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's fteld data, and submittal data will be the sole property of the City, may not be CONTRACT FOR ENGINEERING tLARGE A/E) SERVICES Page 2 of 3 Last Revision: Dec 2004 used again by the A/E without the express written consent of the Director of Engineering Services. Hvwever, the A!E may use standard details that are not specific to this project. 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. 10 DISCL(3SURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to comp#ete, as part of this contract, the Disclosure of lnterests form attached hereto as Exhi~t "C". CITY OF Ct3RPUS CHRISTI FREESE AND NICHOLS, INC. By~~-....~b?1~- 1 E~ ~,6, Ronald F. Massey, Date Assistant City Manager RECOMMENDED ~ BY ~a1~- /z 7/p6 el . Escobar, P. E., Da e iraector of Engineering Services ATTE'~T By ~ _ Armando Chapa, City S cretary APPF~VE~ AS TO FORM ._ . . . ,,~ By ~, ~ i " ~ ~ ¢~ f ~ :.~ ~= ~~~,, Cit~ ey ~ Dat ~ , ` ~ ~/~~~1/6 gy_ L S. ~.r/ ~.Zg_z.~6 J n S. Wolfhop Date 10814 Jollyville Rd Building 4, Suite 100 Austin, TX 78759 (512) 451-7955 Office (512) 451-7956 Fax r~~~~ „~.` ~ ..... xu ~ nu~,~~~ ar c~t-riNC~t ~~ l2 "Ol~..._.... ~- BBiMl~l~ ~ CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES Page 3 of 3 last Revision: Dec 2004 EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS SCOPE OF SERVICES A. Basic Services. Basic Services will include the following: , , - , , ~ , , a~}~ ~m ~f / '~e } ~}~~~~` ~~~~ ~ L f~r m.~l m° T t ~t Q C $Qt - rga r.Ctl ~ '~vJc°r . ~ i r i ~ i ~ ~ e i ~ i ~ CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT "A" Page 1 of 12 Last Revision: Dec 2004 ~ , , ; , , , . ~ ~ , , , , , , ~ r" c " ~ G ~T~ f TCn~~i r i m ° ~TVJ~i ~ ~ m e ~ R+ uT ~vvu° - ° `~v - --r c tx - rn ~~'F ' ~31 ~~ ~ crmr a . - v c ron~ ~iromon4c~ nf nn~ vr rr rr rcrnm r o n~~ .c . ~ I ~~ ~~tin ~ ri~ioc ~ ,~ .~ , , ~ , ~ ~ ~+orn~. , ~~~ a n e . ~ ~ , ~ . T*'c~l-' ~~~~'~ CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT "A" Page 2 of 12 Last Revision: Dec 2004 2. Design Phase. Upon receiving authorization to proceed, the A/E will: ' a. Study, verify, and implement letter engineering report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one ef-~y4e ( 1 ) sets of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The constructian schedule will provide a phased approach to better track progress and payments. e. Furnish one (1) copy of the interim plans (plans only-identify needed specifications) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities. Required with the interim plans is a"Plan Executive Summarv" which will identify and summarize the project by distinguishing key elements such as: , . ~ Why one material is selected over another • Pluses of selections • Permit requirements and why • Constructability, etc. • Specific requirements of the City • Standard specifications ~ Non-standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT "A" Page 3 of 12 Last Revision: Dec 2004 f. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. g. (-1#-~es~e~ Provide 1 copy of pre-final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. h. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub- consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. , , , , , j. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. k. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. !. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. , The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: CONTRACT F~R ENGINEERING {LARGE A/E) SERVICES EXHIBIT "A" Page 4 of 12 Last Revision: Dec 2004 ~ ,,, ~. _.. ,~,,, a .,,~,,.a . . . a. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineerwill, at its expense, conferwith City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E} any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards d. Prepare, review and provide copies of the contract for execution between the City and the contractor 4 Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. CONTRACT FOR ENGINEERING (LARGE AIE) SERVICES EXHIBIT "A" Page 5 of 12 Last Revision: Dec 2004 e. Make regul~r visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the pro~ect. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia formaY' suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image-viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not an floppy disks. . Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT "A" Page 6 of 12 Last Revision: Dec 2004 B. Add~tional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and wi~l be ~egotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: PQrmittinq. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. , , Q~~~~ -1-T ~ o~„ ~+~ ~ n ,~ ~ ~ PJ R~l€~ Re~~~#$ f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. #~ese~-6e~#~ I. Texas Department of License and Regulation (TDLR ) 2. Ai-r~~~iei4i~r~ C~~wi e~v T~c A/C ~uill re ' :,.a:~~ r'~n~n~ ~-.-e-~~., - - r ~ ., . , , , . , 3 ie~~ a~ ~ ~~-- T ° ; ~~ - : ~, ~ ~~q~ , ,--~~ , , , CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT "A" Page 7 of 12 Last Revision: Dec 2004 , , . 4. . 5. Construction pbservation Services ~. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other project-related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT "A" Page 8 of 12 Last Revision: Dec 2004 .,.. .. „, ., .„,., .. »,.,~. . A. Conduct on-Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. Report whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms to the Contract Documents or will prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records: A. Mainta~n orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT "A" Page 9 of 12 Last Revision: Dec 2044 . .,..._ _ ~.. ~_ _. ~ .~~,,, . _ 9. Completion: A Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 6. 7. 11~arrantv Phas~e. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. ; - - -- - ~ --~ . ...._..., ..,.,r .....,~, , , ~ ' ' ~ ~ , 9. T+~chnical Suuoort for Sluice Gate Reaairs - Provide technical assistance to Water Department staff related to the repair of existing clearwell sluice gate as required to isolate clearwell prior to construction of repairs. CONTRACT FOR ENGINEERING (LARGE AlE) SERVICES EXHIBIT "A" Page 10 of 12 Last Revision: Dec 2004 2 SCHEDULE pRnpncGn oQn ~c~T ~~~~~~ ~~ ~ DAY - - --- - - DATE ~.,~~ ACTIVITY Friday 12/22/2006 Interim Submittal Friday 01/19/2007 City Review Friday 02/16/2006 Pre-Final Submittal ; Friday 03/09/2006 City Review ' Friday 03/30/2006 Final Submittal IV~nday (2) 09/10/2006, 09/17/2006 Advertise for Bids Tue/VVed/Thu 09/19/2006 Pre-Bid Conference ; Wednesday 10/03/2006 Receive Bids ` Monday 01/07/2008 Begin Construction ; Friday 03/28/2008 Construction Completion 3 FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E a not-to-exceed fee as per the table below: CONTRACT FOR ENGINEERING {LARGE A/E) SERVICES EXHIBIT "A" Page 11 of 12 Last Revision: Dec 20Q4 C. Sur~tmary of Fees Fee for Basic Services i 1 Preliminary Phase (Complete) $p : 2 Design Phase $20,994 i 3. Bid Phase $7,071 ~ 4 Construction Phase $8,615 S~total Basic Services Fees $36,680 Fee for Additional Services (Allowance) 1 Permit Preparation (Authorized) j TNRCC Coordination ~ Total Permitting $2,100 5 Construction Observation Services (Authorized) $8,220 6. Warranty Phase (Authorized) $2,400 7 Technical Support for Sluice Gate Repair (Autt~orized) $3,500 Sub-Total Additional Services Fees Authorized $16,220 Tatal Authorized Fee $52,900 CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT "A" Page 12 of 12 l.ast Revision: Dec 2004 2 Automobile liability coverage for all owned, non-owned, or rented vehicles. Minimum coverage amounts will be: Bodily Injury and Consequent Death $ 500,000 Per Person Bodily Injury and Consequent Death $1,000,000 Per Occurrence Property Damage $ 500,000 Per Occurrence 3 Employer's liability insurance with a minimum coverage limit of $100,000 per person. 4 Excess liability insurance coverage (for commercial, automobile, and employer's liability insurance with a minimum coverage limit of $1,000,000. 5 Workers Compensation Insurance The Consultant wili provide workers compensation insurance for all its employees who will perForm any project work. This coverage will be provided through a company authorized to do business in Texas or through self-insurance obtained in accordance with Texas law. Cov~age will be documented in a ce~tificate of insurance or, of the Consultant provides self-insurance, then it wi{I provide to the City a copy of its certificate of authority to self- insure its workers compensation coverage liability. The Consultant will also provide a letter statir~ that the certificate of authority remains in effect and is not the subject of any revocation proceeding pending before the Texas Workers Compensation Commission. Exc~t for workers compensation insurance, for each insurance coverage required under the contract, the Consultant will obtain an endorsement to the applicable insurance policy, signed by an authorized representative of the insurer, stating that in the event of canc~llation or material change that reduces or restricts the insurance afforded, the insurer agrees to mail 30-days prior written notice of cancellation or material change to the City at: City of Corpus Christi Department of Engineering Services Contract Administrator P. O. Box 9277 Corpus Christi, TX 78469-9277 For v~orkers compensatian insurance, 10-days notice of cancellation or material change will be st~fficient. CONTRACT FOR ENGINEERING (LARGE AfE) SERVICES EXHiBIT "B" Page 2 of 3 Last Revision: Dec 2004 ..~ = ~ity ~ ~h~ CITY OF CORPUS CHRISTI w~.• 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: Freese and Nichois, Inc. STREET:_10814 Jollyville Rd.. Bldg. 4, St. 100 CITY:_Austin, TX ZIP:_78759 FIRM is: ~ Corporation~X_ 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 nam~s 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 tF~e narr~es of each "board member" of the City of Corpus Christi having an "ownership interest" constitu~ting 3'fe or more of the ownership in the above named "firm". Name Board, Commission or Committee N~A 4. State the namts of each employee or officer of a"consultant" for the City of Corpus Christi who worked on any matter related to the subject a# this contract and has an "ownership interest" constituting 3% or more of the ownersfiip in the above named "firm". Narr=e Consultant NiA CERTIFICATE I certify that a!I 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: John S. Wolfho e Title: Principal , ype or nn Signature of Certifying Person ~.~~ Date: ~~~ ~~ 7~~E~ CONTRACT FOR ENGINEERING (LARGE A/E) SERVICES EXHIBIT "C" Page 1 of 2 Last Revision: Dec 2004 DEFINITIONS a. "Boat~d Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. ' Em~oyee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. ,,. Firm". Any entity operated for economic ain, whether professional, industrial or commercial and whether estat~ished to produce or dea! with a produc~or service, including but not limited to, entities operated in the form of sc~e proprietorship, as self-employed person, partnership corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treatecf as non-profit organizations. d OfficiaP'. The Mayor, members of the City Council, City Manager, Deputy City Manag~er, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e Owrtershfp Interest'. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity."Constructively held" refers to holding or control established through voting trusts, proxies or special terms ofi venture or partnership agreements. ConsuftanY'. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CONTRACT FOR ENGINEERING (LARGE A/Ej SERVICES EXHIBIT "C" Page 2 of 2 Last Revision: Dec 2004