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HomeMy WebLinkAboutC2011-185 - 4/12/2011 - Approved.N5 GRID AND ARTERIAL TRANSMISSION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and the Devary Durrill Foundation, 615 S. Upper Broadway, Corpus Christi, TX, 78401 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat, approved by the Planning Commission on February 16, 2011, to develop a tract of land of approximately 5.26 acres called 100 South Padre, Block 1, Lot 1, located east of South Padre Island Drive (SH 358) between Bear Lane and Investment Boulevard, as shown in the. attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of Grid and Arterial Transmission Main Extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for th , cbnstruction of Grid and Arterial Transmission Main Extension; WHEREAS, it is to the best interest of the City that Grid and Arterial Transmission Main Extension, be constructed to its ultimate capacity under the Master Plan; WHEREAS, Section V.6.5.f.)(1)(ii.) (4) of the Platting Ordinance, authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Grid and Arterial Transmission Mains Trust Fund and are appropriated by City Council; and WHEREAS, Developer has submitted an application for reimbursement of the costs of installing the Grid and Arterial Transmission Main Extension (Exhibit 2); NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Grid and Arterial Transmission Main Extension, in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer, 2, PLANS A ND SPECIFICATIONS. a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the Grid and Arterial Transmission Main Extension, as shown in Exhibit 3, with the following basic design: 1. Install 791 linear feet of 12 -inch PVC water grid main line. 2011 -185 RECORDER'S MEMORANDUM At the time of recordation, this instrument was found M2011 -089 Page 1 of 7 to be inadequate for the best photograph reproduction 04�12�11 because of illegibility, carbon or photocopy, discolored paper, etc. All blockout additions and changes were Devary Durrill F present at the time instrument was filed and recorded. INDEXE Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durrill Foundation and City of Corpus Christi 2. Install four (4) 12 -inch gate valve with box. 3. Install three (3) fire hydrant assemblies. b. The Grid and Arterial Transmission Main Extension must begin at the southwest corner of Bear Lane and Enterpize Parkway and extend west along the south side of Bear Lane approximately 791 feet to the east right -of -way line of South Padre Island Drive (SH 358). c. The plans and specifications must comply with City Water Distribution Standards Detail Sheets and Standard Specifications. d. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the Grid and Arterial Main Extension, Developer shall acquire and dedicate to the City the required additional utility easements ( "Easements "), if necessary for the completion of the Grid and Arterial Main Extension. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance for the area of the Grid and Arterial Main Extension. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the Grid and Arterial Transmission Main Extension, under the approved plans and specifications, by October 31, 2011. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 60th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 90th calendar day after the date of approval by City Council. Page 2 of 7 Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durrill Foundation and City of Corpus Christi d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before October 31, 2011. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ( "Cure Period ") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non - defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. Page 3of7 Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durrill Foundation and City of Corpus Christi 10. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Devary Durrill Foundation 615 S. Upper Broadway Corpus Christi, TX 78401 ATTN: William R. Durrill, Director 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineerfor the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. Page 4 of 7 Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durrill Foundation and City of Corpus Christi 13. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253. 14. WARRANTY. Developer shall fully warranty the workmanship of and function of the Grid and Arterial Transmission Main Extension and the construction of the Grid and Arterial Transmission Main Extension for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer the reasonable cost of the Grid and Arterial Transmission Main Extension, not to exceed $107,557.00. See attached cost estimate (Exhibit 4). b. The City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. To be eligible for reimbursement, the work must be completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City, as a result of an uncured default by the Developer, at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards. the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER SHALL INDEMNIFY FULLY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, OR AGENTS ( "INDEMNITEES ") FROM, AND AGAINST ALL SUITS, CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, EXPENSES, LIABILITY, DAMAGES AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY FOR ANY AND ALL INJURIES SUSTAINED BY ANY PERSON, INCLUDING WITHOUT LIMITATION WORKERS COMPENSATION, PERSONAL INJURY OR DEATH, ARISING FROM OR INCIDENT TO, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION OF THE GRID AND ARTERIAL TRANSMISSION MAIN EXTENSION. 17. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, 100 South Padre, Block 1, Lot 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Page 5 of 7 Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durrill Foundation and City of Corpus Christi 18. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by Developer to another without the written approval and consent of the City's City Manager. 19. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 5. 20. EFFECTIVE DATE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution by all parties. 21. AUTHORITY The person signing this Agreement on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this Agreement binding and enforceable by their signature. EXECUTED IN TRIPLICATE originals, this ert�z day of 6 Devary Durrill Foundation (Owner/ Developer) 615 S. Upper Bro dway Corpus Christi T 401 By: _ WD Director THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on Durrill, Director, Owner /Developer, 100 So tt� YLS LOv�1. Notary Public, State of Te a Page 6 of 7 2011, by William R. Notary Public k J STATE OF TEXAS My rornm. Exp. 03-02-2012 Page 6 of 7 2011, by William R. Grid and Arterial Transmission Main Extension Construction and Reimbursement Agreement Between Devary Durrill Foundation and City of Corpus Christi ATTEST: Armando Chapa City Secretary THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on C Rose, Interim City Manager, City of Corpus Christi, Tex corp oration, on behalf o the corporation. ,.•� P� @rs, Nota Public State of Texa L ' CITY OF CORPUS CHRISTI ( "City") 1201 Leopard Street (78401) P.Q. Box 9277 Corpus Christi, Texas 78469 THE CITY OF CORPUS CHRISTI By: a> Margie C. Ruse Interim City Manager 1-5 2011, by Margie C. ,null municipal GLENDA L. QIRASZ Notary Public STATE OF TEXAS My Comm. Eq 05 -07 -2012 APPROVED AS TO FORM: � day of 2011 eborah W. Brow Assistant City Att r for the City Attorney Page 7of7 2- 11 - o AUTHORIZED dY 3 ECRETAJtY 730. m x T _2 �/ w.e ° rite �?' \ P.O.p°s 252) S 1Broa 4 e.ee 517E cRnP 1 . • '`` °N ° " ",•• 'e;'en p d'ee5 s s' iROrl ft0 - 0 70' 60' 120 �� � � �� NOn Rop } .mate, nnn.rvn -mc,m IRg1 ° RLO l, P KWY _/ _ { j� _ Er�T ERP P xu n LOCATION APP o�wu i p`"` ��,` '��� 'I LFwxo s p• _ �� _ ��� s - .;Tr or iE:as p� - 1 i _____ ___________________ ._________________f ] sCWXZ"-RL____ __________________ - _ _ R A \ y vx. p�wr�pan�n r acl':N,. a° ner<�r =� arr HF9i ,. r< v,c rs un,rr oust -� Po e eli c c pe c -°i u�. o M1r[ [x. al o ncn rn _ti ova // eocwprxwB o`• d � ` lu cvmlc n V� .e rAO)t Wi, d°l forty °°reon °[;4ioHU[RT EL,.H 'A RROOa- ° �n _ ��n n� - f arr ccRr'osrciinsn -1 IF- nc OF FARM mplm aIL LRCAncN - ER OIL SEE xpR fl OF, 1r LOT 1 r e n nr, BLOCK 1 0 U6 5.2590 ACRES °,rletl5 to ' fM1 F eE to 1 IHC N �, "r:.gloor�Qicw. 22 SF _ 3 Wa m - Ncl °ry _ cum.E Darn - "Ew:: I pELTA R/CIDS T}}JLEM I.C. 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V ROCWTIUM 14 wuN�F� rR�oN - Y T S PL4p'It'ING CoMh1lSSIOhI county' cC r':VEC - ' - - - - - -- YOU REO WiTENr CREUI ncAS pII1 10 IMO ME o9 — ME -0 r uw° v +w,c°N�n. ° ash.,. E,—E —T Lau sar.rr°•. _ ___ __ _______ Ea .7 FE oso - - LLSLFlFp INF NR IHT pH� BLOCK 1 n° .°e mn I°rnvo��9 mo ,gym -.,n.� vmm Ra aS ::�� rxe u�ulmc ritilm u wECa= ,4na1 -E ,o ME rum,c ma ra esrr.wlnrs w'aurr+ ..0 y °ii I. o- u l � E H—p um —IE THE — Uon or ME CITY ,r LCPPVS [IpJ15'{I. - ,j E; worm aI'o.«,, a o ,�� In 5 W 152C:IEC I.2. 140 SOUTH PADRE 5. T pFNprES �p REONREUENI. rJ,E Yuen RE[IUIRF11ENl, Az - IS T OinSLAUk`itlfOVI RG 5 1 ME glptiV# 1Nn IS SUp. G4trWE OF eEwwcs a E;r�us,sp mplx 11,E rroxmwcsr H�cnr -u - -mr ' H Or =51uEM eouL_�unm, Four. Ix si, w 2lT -133. ruv REyC�S L' NRECEGWNIY. TE(45. E EEfNG A �.259Q ACRE TRACT 6EICIG CLT OF A 17.631 ACRE TRACT �LC�SS wH,u�[u NiaR�a�ipq[cupm�JS.� 1.1-E eY IS., 1-c NAMED TRACT 1, ONE HUNDRED SD'J1H PADRE. RECORDED IN VOLUME 3 a. Mi V,ELL nA5 FiIIELEp u0 PA ,=D n. ucowsivcE xRx nxnx 1 H. Harp 21 PAGE ,, 5. )LED RECORDS OF NUECES COUNTY. TEYIS, 9EING A Ncre .� N�nae.een, a f'_L5. MH IOH '3. -ELL NulE➢ L'Oy. [.5. JNlr y1, PCR[ICk OF LOT 3, SECTION 5. RANGE VIII, GUGENHEIIN AMU COHN'S # SIGNf� e I ME CIITxo3'iNJVfVU IE Su�ERIWDI- uo I'll ,- n -19TS. FARrn LpfS, /S RECCRUED IN VOLLIAL A. PAGE 53, NIAP RECORDS 07 E _ Rq PHi:arE pRrJr:rLE E,5[up[IC A4W. EE u -1U..1 Me ". LAH.. NVEC GS COLNTY, TEAS APPLICATION FOR WATERLINE REIMBURSEMENT I, William R. DurriIl, Director of the Devary Durrill Foundation, owner and developer of proposed Lot 1, Block 1, 100 South Padre Subdivision, hereby request reimbursement of $107,557.00 for the improvements to the grid main extension in conjunction with Lot 1, Block 1, 100 South Padre Subdivision, as provided for by City Ordinance No. 25424. Said $107,557.00 is the construction cost, including 10% Engineering, in excess of the lot /acreage fee, as shown by the cost supporting documents attached herewith. 0� 3 7 11 R. Duaaf (Date) Devary Durrill Foundation THE STATE OF TEXAS )( COUNTY OF NUECES )( Thi ipstrument,,was ackno ledg d before me on z wyL- , 20 by I ]'? f 2` ice. , a Texa Corporation, on behalf of the said corporation. e0omm REBECCA L GREENE ° . NOTARY PUBLIC State of Texas C Exp. Dil28I20t3 Notary Public K a4d for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Transmission Main Trust Fund, and (b) appropriation and approval by the ity Council. Develo P 16nt Services Engineer (Date) EXHIBIT 2 APPLICATION FOR WATERLINE CREDIT I, William R. Durrill, Director of the Devary Durrill Foundation, owner and developer of proposed Lot 1, Block 1, 100 South Padre Subdivision, hereby apply for a $7,364.00 credit towards the water Iotiacreage fee for the Grid Main extension installed in conjunction with Lot 1, Block 1, 100 South Padre Subdivision as provided for by City Ordinance No. 17279. Said $7,364.00 is a portion of the construction cost, including 10% Engineering, as shown by the cost supporting documents attached herewith. - ill, Director (Date) Devary Durrill Foundation THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on V��� �� , 20//, by � , a Texas Corporation, on behalf of the said corporation. 1 1"O'T'A R A L..... Y PUBLIC I Texas to Pu l c in and for Nueces Coun Texas omm, Eq. 0112&12013 r}' C oun t y CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit of $ is herewith approved. Odfil Developme t Services Engineer (Date) EXHIBIT 2 EXISTING 12° PVC WATERLINE BEAR LANE 18' UTILITY EASEMENT (BY SEPARATE INSTRUMENT) 791 LF 12" PVC WATER GRID MAIN EXTENSION S" PVC WATER DISTRIBUTION MAIN EXTENSION s �` tl \ I s \ Y W • i \ 15' UTILITY EASEMENT Vy ` i \ ♦ � (BY PLAT) ♦r � \ :f ` i• i i • 3S' UTILITY EASEMENT \ Y Y ! BY SEPARATE INSTRUMENT) Y \ iY N ♦• ♦ Y Y , t� Graphtr Scalp EXIST. S' AC vRWNE 0 200' 400' SMEI i SUBDIVISION IMPROVEMENTS FOR MR LOT 1, BLOCK 1,100 SOUTH PADRE A RH CM TE; MAR2031 + Isar �3T�+�>�� WATER MASTER LAYOUT; 10 � - NO. DATE REVISIONS 1 Z " M " ' W „ N O. EXHIBIT 3 WATER GRID MAIN EXTENSION COST BREAKDOWN CONSTRUCTION COSTS GENERAL GENERAL SUBTOTAL rM J -111LT, /\ 16" IU,UUU Description Unit Quantity Unit Cost Total Price 1. MobiIization/Bonds LS 1 $ 5,000.00 $ 5,000 2. Exploratory Excavation LS 1 $ 2,000.00 $ 2,000 3. Traffic Control LS 1 $ 3,000.00 $ 3,000 GENERAL SUBTOTAL rM J -111LT, /\ 16" IU,UUU ---- - - - - -- -GRID A lA N.li`.XTL+'P1SWIN SURTUTAL CONSTRUCTION SUBTOTAL 10% CONTINGENCY TOTAL CONSTRUCTION ADDITIONAL COSTS; 10% ENGINEERING BACKFILL TESTING TOPOGRAPHIC SURVEY CONSTRUCTION STAKING $ 92,207 $ 9,221 $ 101,428 $ Deseription Unit Quantity Unit Cost Total Price 1. 12 0900 PVC LF 791 $ 75.00 $ 59,325 2. Pipe Trench Safety LF 791 $ 2.00 $ 1,582 3. 12" Gate Valve/Box EA 4 $ 1,700.00 $ 6,800 4. lFire Hydrant AssemM EA 3 1 $ 4,500.00 $ 13,500 5. lConnect to Exist. Water EA 1 1 $ 1,000.00 $ 1,000 ---- - - - - -- -GRID A lA N.li`.XTL+'P1SWIN SURTUTAL CONSTRUCTION SUBTOTAL 10% CONTINGENCY TOTAL CONSTRUCTION ADDITIONAL COSTS; 10% ENGINEERING BACKFILL TESTING TOPOGRAPHIC SURVEY CONSTRUCTION STAKING $ 92,207 $ 9,221 $ 101,428 $ 10,143 $ 911 $ 440 $ 2,000 I TOTAL CREDIT/REIMBURSEMENTI 1$ 114 WATER ACERAGE FEE CREDIT $ 7,364 REIMBURSEMENT I. $ 107,557 EXHIBIT 4 SUPPLIER NUMBER TO BE ASSIGNED BY C1TY PURCHASING DIVISION Wr City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTEREST 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 applica le, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Devary Durrill Foundation P. O. BOX: STREET ADDRESS: 615 S. Uuner Broadwav Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78401 2. Partnership e 3. Sole Owner E] 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this age 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) NIA 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 NIA 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 "film." Name Board, Commission or Committee NIA 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 sub'ect of this contract and has an "ownership. interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NIA EXHIBIT 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: William R. Durrill (Type or Print) Signature of Certifying Date: Person: Title: Director DEFINITIONS '3- , q tt 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 5 Page 2 of 2 Una_"' 2101 J . a a 1. 2 a141. F'ct1es 15 04/18/2011 2MP11 Official. Records of NU CES COU11TY DIANA T. €?AF.RE:.RA COUNTY CLERK ,"'Ins provision herein which restricts tho. S l.qv Rental or use of the described REAL i-rC,t FERTY bocause of RacQv Color? €gel.igionY Handicapc Familial. Mktatus9 or Hatiunal Origin is invalid and unenforceable under FEDERAL €_M4 3/1.2/ 89, STATE: OF TEXAS Ci'llllA TY OF HUECt:S 1. hereb.! Vertifq that this instrufaent was FILED i n f i l e Number sequence on the date and at: the t i m e stamped here € n bq me p and was dul. i RECORDED in the Official Public Records of HUE!CeS COUrtt:j? eras Diana T. Camera R ECORDER'S MEMop.AND At the time of recordation, this rproduction to be inadequate for the best p hotocopy discolored because of illegibility, carbon or p es were Pape etc. All blockout additions and Chang present at the time instrument was filed and recorded.