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HomeMy WebLinkAboutC2013-132 - 4/23/2013 - Approved1 Y CITY 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 Manager or Designee (Director of Engineering Services) and Martinez, Guy & Ma bik Inc., a Texas corporation, 6000 S. Staples, Suite 207, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer -- A /E), hereby agree as follows: 1. SCOPE OF PROJECT CommunitV Park Development and Improvements Pro`ect No. E12115 BOND ISSUE 2012 — The scope of this project includes irrigation upgrades and extensions at Bill Witt/Oso Creek Park and will include specialty use amenities, shade structures, landscaping, trails, parking improvements and other items designed for community parks in compliance with the Parks and Recreation Open Space Master Plan. 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" and "A -1 ", to 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. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide 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 purposes 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 receipt 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 schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "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 Director of Engineering Services. 2013 -132 Contract for Engineering WE) Services Page 1 of 4 4/23113 AJIPARK51E12135 - COMMU131TY PARK CEVELOPMENT & IMPROVEMENTSICONTRACT - MAR7INEZ GJY MAYBIKI1 M2013 -073 Martinez, Guy & Maybik Inc. INDEXED 5 r � The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services ortasks 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. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification 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 authorized, a total fee not to exceed $156,780.00, (in numbers), One Hundred Fifty Six Thousand Seven Hundred Eighty Dollars and Zero Cents (in words). Monthly invoices will be submitted in accordance with Exhibit "C ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the AIE will be compensated for its services 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 professional services 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 described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the AIE fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 4 KAENGINEERING DATAEXCHANGE ICLARISSAJIPARKS1E121 I5 COMMUNITY PARK DEVELOPMENT & IMPROVEMENTaCONTRACT - MARTINEZ GUY MAYBIKII CONTRACT PROFESSIONAL SERVICES.DOC t 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal. data will be the sole property of the City, may not be used again by the AIE without the express written consent of the Director of Engineering Services. However, the AIE 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. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Q,q� L S" Daniel Biles, P. E., I Date Director of Engineering Services Mic ael Morris Date Director of Parks and Recreation APPROVED AS TO FORM Office of Management bate and Budget MARTINET, GUY & MAYBIK, INC. icardo Martin z I E., ai resident 00 S. Stapl s , Suite 207 Corpus Christi, X 78413 (361) 814 -3070 Office (800) 653 -5510 Fax I1'�fl lA .4v/ wilrwr�� Sfe+CMdlR Contract for Engineering (A!E) Services Page 3 of 4 K:IENGINEERING DATAEXCHANGE ICLARISSAJIPARKS4E12115 -COMMUNITY PARK DEVELOPMENT & IMPROVEMENTSICONTRACT- MARTINEZ GUY MAYB]KXI CONTRACT PROFESSIONAL SERVICES. DOC ATTEST 0�� Armando Chapa, City Sec tary Communily Park Development and Improvements Pro'ect No. E12115 Department I Fund Source No. Amount Parks and Recreation 550950- 3293 - 00000- E12115 $156,780.00 Encumbrance No. ENTEREDqq� MAR 25 213 CONTRACT MANAGER$:,,,, Contract for Engineering (AIE) Services Page 4 of 4 K:SENGINEERING DATAEXCHANGE %CLARISSAJIPARKS\E12l95 -COMMUNITY PARK DEVELOPMENT & IMPROVEMENTSICONTRACT - MARTINEZ GUY MAYBim CONTRACT PROFESSIONAL SERVICES.DOC ! t ! r EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Community Park Development and Improvements for Bill Witt Park (Project No. E12115) I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. Preliminan► Phase The Architect /Engineer -AIE (also referred to as Consultant) will: a) Prepare Powerpoint presentation in City format for City Council Meeting. b) Hold Project Kick -off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. C) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. . d) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. f} Develop preliminary street cross section to incorporate the Geotechnical Consultant's recommendations. Prepare conceptual life -cycle cost estimate with recommended pavement sections. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signaliaation. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, LISPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- EXHIBIT "A" Page 1 of 10 Revised November 13, 2012 KAEngineering DalaExchange \ClarissaJSParks1E12115 - Cemmunily Park Developmenl & ImprovemerUS Contract - Martinez Guy Maybikl2 EXHIBIT A LARGE AE.docx level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design. basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right -of -way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, LISPS, CCISD, community groups, TDLR, etc. 5. Provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. P) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. q) Hold Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report. r) Assimilate all review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. S) Assist City in presenting summary of ELR findings to City - appointed capital project oversight committee having responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, handouts and exhibits for meeting. Provide follow -up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (as available from City Engineering files)_ b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department. e) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A /E's use under this contract are proprietary, copyrighted, and authorized for use only by A /E, and an/v for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. ERevi BIT "A" e 2 of 10 vember 13, 2032 KAEngineering DataExchange \ClarissaJlParks5E12115 - Community Park Development & ImprovemenlslGontract -Martinez Guy MaybikQ EXHIBIT A LARGE AE -dorm 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the AIE will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to 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). C) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24 °x 36" plan sheets that can be reduced to 11 "x 17 ". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) 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 franchise utilities. 1. Required with the interim plans is a " Plan Executive Summary which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs_ h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100 %) plans (unsealed and unstamped - electronic and full -size hard copies using City Standards as applicable) for City's final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full -size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by EXHIBIT "A" Page 3 of 10 Revised November 13, 2012 KAEngineering Data ExchangelClarissaJ%Parks1E12115 - Community Park Development & ImpravementslContract -Martinez Guy MaybiM2 EXHIBIT A LARGE AE.docx the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. k) 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. Additional revisions or design submittals are required Lard within the scope of Consultant's duties under this contract if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- rovided review comments or provided submittals in accordance with City standards.. 1) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 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 AIE will: a) Participate in the pre -bid conference and provide a meeting 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 AIE's design phase estimate required above, the Engineer will, at its expense, confer with 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. f) Prepare Powerpoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. EXHIBIT "A" Page 4 of 10 Revised November 13, 2012 K:1Engineering DataEx &angelClarissaJ %Parks\E12115 -Community Park Development & ImprovemenWContract - Martinez Guy Maybikl2 EXHIBIT A LARGE AE_doex 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 Administration 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, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret 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. e) Make regular 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; 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) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor - provided construction "red- line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall 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 applicationslestimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. AIE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided EXHIBIT "A" Page 5 of 10 Revised November 13. 2012 K:%Engineering Data Exchange\ClarissaJSParks1E12115 - Community Park Development & Impmvements%Contract -Martinez Guy MaybW2 EXHIBIT A LARGE AE.decx and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following:: 1. Permit Preparation. 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 identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements C. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) 1. Texas Department of Licensing and Regulation (TDLR ) M. Texas General Land Office (TGLO) n. Other agency project - specific permits 2. Right-of-Way ROW Acquisition Survey. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right -of -way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right -of -way to be acquired. C) Provide a preliminary base map containing apparent ROW which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal /vertical control. C) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. - EXHIBIT "A" Page 6 of 10 Revised November 13, 2012 KaEngineering DataExchange \ClarissaJSParks1E12115 - Community Park Development & ImprovemenWContract -Martinez Guy MaybikT EXHIBIT A LARGE AE.docx d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil /pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third- parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. 1) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal -of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, powerpoint presentations, handouts and exhibits for meetings. Provide follow -up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings_ 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydra- excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the EXHIBIT "A" Page 7 of 10 Revised November 13, 2012 KC Engineer ng DataExchange %ClarissaJ4Parks1E12115 -Community Park Development & EmprovemenlslContract - Martinez Guy MaybikL2 EXHIBIT A LARGE AE.doax horizontal and vertical position of underground utilities, as well as the type, size, condition; material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater — Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction- related excavation shall be located at Quality Level A. V) Water — Water facilities within the project limits will be located to Quality Level C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the AIE. The City of Corpus Christi Gas Department will provide Quality Level A. The AIE will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined 8. Start -up Services. Provide on -site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Warranty Phase. 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. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit "A -1" Task List does not supersede Exhibit "K.. EXHIBIT "A" Page 8 of 10 Revised November 13, 2012 K1Englneering Data Exchange \ClarissaJlParks1E12115 - Community Park Development & Improvements4Ccntract - Marlinaz Guy Maybil EXHIBIT A LARGE AE.docx IL SCHEDULE . Date Activit - March 26, 2013 NTP July 23, 2013 Draft ELR submittal August 6, 2013 City Review - August 27,2013 Final ELR submittal November 26, 2013 60% Design Submittal December 10, 2013 City Review February 11, 2014 100% Final Submittal March 10, 2014 Advertise for Bids March 21, 2014 Pre -Bid Conference March 26, 2014 Receive Bids April 22, 2014 Contract Award August 4, 2014 Begin Construction August 3, 2015 Complete Construction Ill. 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. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. 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 AIE's estimate (and with City's 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 AIE'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: EXHIBIT "A" Page 9 of 10 Revised November 13, 220:12 K \Engineering CataExchangelClarissaJ \Parks1E12115 -Community Park Development & ImprovementslCcrtract -Martinez Guy MaybikQ EXHIBIT A LARGE AE.docx Summary of Fees Basic Services Fees 1. Preliminary Phase $22,840.00 2. Design Phase $69,800.00 3. Bid Phase $6,620.00 4. Construction Administration Phase $15,680.00 Subtotal Basic Services Fees $114,940.00 Additional Services Fees (Allowance) 1. Permit Preparation To Be Determined 2. ROW Acquisition Survey None Anticipated 3. Topographic Survey $27,680.00 4. Environmental Issues $1,920.00 5. Public Involvement $4,600.00 6. Subsurface Utility Investigation $5,240.00 7. Construction Observation Services To Be Determined 8. Start -up Services Not Applicable 9. Warranty Phase $2,400.00 Sub -Total Additional Services Fees Authorized $41,840.00 Total Authorized Fee $156,780.00 EXHIBIT "A" Page 10 of 10 Revised November 13, 2012 K:1Engbeering DataExchangeAClarissaMarks1E12115 - Community park Development & ImprovementsAContract - Mart nez Guy MaybikV EXHIBIT A LARGE AE.dccx EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS Community Park Development and Improvements for Bill Witt Park (Project No. E12115) . The scope and fee presented herein, and on Exhibit "A" are based on the following: Project Budget: $1,500,000.00 Estimated Construction Budget: $1,200,000 Basic Services: 1) Project limits include Bill Witt City Park located on the southside of Yorktown Boulevard, east of Cimarron Boulevard and west of Logan Road. 2) Contact Texas Excavation Safety System, Inc. (Texas811) to locate existing private and/or City utilities in the field, and coordinate with appropriate City operating department. 3) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of new work along with the applicable parameters required to complete the Engineering Letter Report and Construction Drawings. It is anticipated that approximately 76 acres of the total 136 acres of Bill Witt City Park will require a full topographic survey for design purposes (for use in irrigation, dog park, drainage /grading, parking lot, and landscaping design, and for locating and addressing any existing drainage issues that would be exacerbated once the new irrigation system improvements are installed). Strategic spot elevations will be surveyed on the remaining 60 acres, as necessary. a) Dog Park Area-full topographic survey (approximately 8 acres) b) Soccer Fields- full topographic survey (approximately 32 acres) c) Football Fields- full topographic survey (approximately 9 acres) d) Baseball Fields- full topographic survey (approximately 10 acres) e) Kickball Fields- full topographic survey (approximately 3 acres) f) Undeveloped Areas- full topographic survey (approximately 14 acres) g) Other Areas- spot elevations as needed (approximately 60 acres) 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. EXHIBIT "A -1" Page 1 of 6 Revised Appril 2010 KAEngineering DataExcthangelClarissaJ SParks1E12115 - Community Park Development & ImprovementslContract - Martinez Guy Maybik%J EXHIBIT A -1 TASK LIST LARGE AE- E12115.docx 6) Prepare one (1) hard copy and one (1) electronic copy of the Draft Engineering Letter Report including all pertinent information as described in Exhibit "A ". Included in the ELR will be a discussion on how the proposed irrigation improvements will affect drainage (specifically existing low spots), along with a plan for addressing any issues, as necessary. 7) Review with City staff, revise, and furnish one (1) hard copy and one (1) electronic copy of the Final Engineering Letter Report, and obtain approval to proceed to Design Phase. 8) Participate with staff at one (1) public information meeting (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. 9) Perform a Drainage Study to determine existing drainage characteristics within the project limits, and develop a plan to address non- draining areas along with any capacity deficiencies that currently exist within the drainage system of swales, ditches, culverts, and underground storm lines, per the City of Corpus Christi Storm Water Master Plan. 10) Perform the engineering design of all improvements on the project, including a looped water system, a comprehensive irrigation system, a dog park, drainage and grading improvements, and shade structures, landscaping, trails, parking improvements and other items designated for community parks in compliance with the Parks, Recreation and Open Space Master Plan, as determined to be part of the project per the planning meetings with City Staff. 11) Develop construction drawings in English units in 22" x 34" sheets, including but not limited to, the following (as required for this project): o Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule Estimated Quantities Summary • Demolition/ Removal Summary • Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Existing Topographic Survey Sheet(s) • Drainage Area Map • Hydraulic and Hydrology Sheet(s) • General Grading Plan • Dog Park Site Plan and Grading • Fencing Plan and Details • Parking Lot Site Plan and Grading • Storm Water Plan & Profile (as needed) • Storm Water Outfall Improvements (as needed) EXHIBIT "A -1" Paget of 6 Revised A ril 2010 K ,/Engineering DataExohangelClarissaJl Plarks1E12115 - Community Park Development & Improvemenls%Contract - Martinez Guy Mayb&6 EXHIBIT A -1 TASK LIST LARGE AE- E12115.docx • Storm Water Details • Sidewalk Details • Curb Ramp Details • Pavement Marking and Signage Plan • Pavement Marking Details • Waterline Plan & Profile • Waterline Adjustments • Waterline Tie -in Sections • Waterline Details • Landscaping Plan • Landscaping Details • Irrigation Plan • Irrigation Details • Lighting Plan (Conduit Only) • General Traffic Control Notes and Construction Sequencing • Traffic Control Plan • Traffic Control Sections • Traffic Control Miscellaneous Details • Barricade and Construction Standards • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Plan (SWPPP) Outfall Plan • Storm Water Pollution Prevention Details • Storm Water Quality Management Plan • Miscellaneous Details • City of Corpus Christi ADA Standards 12) Prepare opinion of probable construction costs including contingency amounts. 13) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors —A • Notice to Contractors —B • Part A-- Special Provisions • Part B General Provisions • Part C— Federal Wage Rates and Requirements • Part S— Standard Specifications • Part T— Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice EXHIBIT "A -1" Page 3 of 6 Revised A ril 2010 AE- E12115 g DataExchange4C4arissaJSParksl1 =12115 - Community Park Devekopment 8 Improvements%Contract - Martinez Guy Maybikl3 EXHIBIT A -i TASK LIST LARGE AE- E72115.docx • Agreement • Proposal /Disclosure Statement • Performance Bond • Payment Bond 14) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 15) Address comments received from the City for the pre -final submittal. 16) Provide Quality Control /Quality Assurance (QC/QA) final review and submit one (1) reproducible hard copy of the final contract. drawings and specifications to the City for bidding process. 17) Update the opinion of probable construction costs. 18) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 19) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 21) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5 th of each month. 22) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future City MIS will not be included. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project. 2) Prepare and submit permit applications and associated fees to the appropriate authorities required to complete the project. RIGHT OF WAY ACQUISITION None anticipated EXHIBIT "A -1" Page 4 of 6 Revised April 2010 K)Engineering Data Exchange%ClarissaS%Parks1Ei2115 - Community Park Development a ImprovemenlslComracl - Martinez Guy MaybiW EXHOTA -1 TASKLIST LARGE AE- E 12115.dacx TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre -plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and perform level loops. 5) Establish horizontal control on control points by traverse. 6) Perform topographic survey within project limits to be improved, estimated at 76 acres. Survey will include all topographic features within the survey limits with a 100' x 100' grid for ground elevations. 7) Cross - section existing drainage ditches within project limits at 100 -ft. intervals. 8) Locate and tie -in tract boundaries. 9) Locate and tie -in known utilities and structures. 10) Download raw survey field data, copy field notes, reduce data and check results. 11) Prepare AutoCAD drawing of topographic survey. ENVIRONMENTAL ISSUES 1) Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials and /or contaminated soils that may be discovered during construction PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow -up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City, SUBSURFACE UTILITY INVESTIGATION EXHIBIT "A -1" Page 5 of 6 Revised April 2010 K %Engmeering DatsExchangelClarissaJ SParks1E12115 - Community Park Development & ImprovemertslContract - Martinez Guy Maybikl3 EXHIBIT A -1 TASK LIST LARGE AE- El2115.docx Upon receiving authorization from the City to proceed, provide Subsurface Utility Engineering (S.U.E.) at sufficient locations to identify underground utilities. It is anticipated that up to 4 bore holes will be required to identify the underground utilities associated with this project. Subsurface Utility Engineering (S.U.E.) will be in accordance with "ASCE Standard C -I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data ", and shall be in accordance with Section 8 under Additional Services in Exhibit "A ". CONSTRUCTION OBSERVATION SERVICES Scope and fee to be determined START -UP SERVICES Not applicable WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct 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, correct or replace improvements under the the construction contract. Document the condition staff of the locations and conditions requiring action. EXCLUSIONS maintenance guaranty terms of and prepare a report for the City Specifically Excluded from Scope and Budget (to be investigated during the Preliminary Engineering Phase to possibly be included in the Final Design) The following tasks and project elements are currently not included in the project scope of work, project budget, and MGM's engineering fees: 1) Sanitary sewer design. 2) Building design (restrooms). 3) Illumination design. 4) Offsite storm water, wastewater, and waterline improvements. EXHIBIT "A -1" Page 6 of 6 Revised April 2010 K \Engineering DataExchangelClarissaJ SParks\E12115 -Community Park Development & ImprovementslContraot - Martinez Guy MaybiKw LAN Itil I A -1 TASK LIST LARGE AE- E12115.docz EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICESICONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30 -Day Written Notice of Cancellation, non- renewal or material change required on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors MINIMUM INSURANCE COVERAGE Bodily Injury & Property Damage Per occurrence - aggregate $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired — Non -owned vehicles PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions WORKERS' COMPENSATION $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,000/500,00 EXHIBIT "B" Paelof3 K%Engineering DalaExcYhange \ClarissaJSParks1E12115 - Community Park Development & Improvemenls4Contract - Martinez Guy Mayblk54 EXHIBIT B INDEMNIFICATION - OCT 2010 -docx C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax: (361) 826 -4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. T=PaNe " K Tngineering 17 ataExchangelClarissaJ4Parks5E12115 - Community Park Development & ImprovementslCantract - Martinez Guy MeybikW EXHIBIT B INDEMNIFICATION - OCT 201 O.dccx H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K It is agreed that Consultant's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, 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 negligent performance of Consultant's services 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. EXHIBIT "B" Page 3 of 3 UEngineering ❑ ataExChange \ClarissaJYParks1E12115 - Community Park Development & ImprovementsSGontrect - Martinez Guy Maybik\4 EXHIBIT 8 INDEMNIFICATION - OCT 2010.docx Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No.1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500: 11% $6,000 $1,000 $1,250 $8,260 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED I3YZ'!7- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus Christi DISCLOSURE OF INTERFST City of Corpus Christi Ordinance 17112, as amended, requires all persons or farms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COWANY NAME: Martinez, Guy & Maybik, Inc. P. O. BOX: STREET ADDRESS: 6000 S. St St. S uite 207 CITY: Corp C hristi ZIP: 78413 FIRM IS: 1. Corporation 4. Association 2. Partnership e 3. Sole Owner El 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." N e Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or anore of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." - Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Nam Consultant EXHIBIT "D" Pa eIof2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer economic benefit on any City official or employee that is distinguishable #fr om an the effect thate 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: Ricardo Martinez, P. E. Signature of Person: DEFINITIONS President — Date: 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 "D" Page 2 of 2