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HomeMy WebLinkAboutC2013-195 - 6/11/2013 - Approved 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 Engineering & Construction Management Services LLC, a Texas corporation, 5001 Oakmont Drive, Corpus Christi, Nueces County,Texas 78413, (ArchitectlEngineer—AIE), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Service Line Repair and Clean-out Installation and Manhole Ring and Cover Ad'ustment Program FY 2013 Project No. E1304$ — The ID/IQ Construction Contract is for the locating and the excavation of existing service lines; replacing approximately 2800 linear feet of wastewater service lines from the clean-out to the bend and from the bend to City main; 150 Sanitary Sewer and 100 Storm Water Manholes Ring and Cover Adjustments throughout the City under multiple work authorizations. The work period will be 365 calendar days with the option to extend the contract an additional year. This is the second year renewal and the scope of work is the same as for the initial, bid/award year. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to provide construction management services for a one-year renewal (second renewal) of an existing construction contract for which this AE prepared the plans, specifications, and bid package. 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 cr_hMi ilia of+hA ICI-Aiiminary phase and construction phase is shown on Exhibit"A". This 2013-195 iclusive of all additional time that may be required for review by the 6/11/13 Contract for Engineering(A/E)Services Mion Mgt E ;\WASTEWATEME13048 WW SRVC LINE REAPIR&CO INSTALLATION&MANHOLE RING&COVEMCONTRACa tion CMS1CONTRACT.DOG Engineering& Construc Mgt INDEXED City staff and may be amended by or with the concurrence of the Director of Engineering Services. 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 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. 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 $83,500.00, Ei h -Three Thousand Five Hundred Dollars and Zero Cents). 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 A/E will be compensated for its services on all stages authorized based upon AIE 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 A/E 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 A/E 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 KIENGINEERING DATAEXCHANGE I3ENNIFERIWASTEWATER\Ek3048 WW SRVC LINE REAPIR&CO INSTALLATION&MANHOLE RING&COVEWONTRACT ECMSICONTRACT.DOC 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 A/E without the express written consent of the Director of Engineering Services. However, 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. 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. Contract for Engineering(A/E)Services Page 3 of 4 K\ENGINEERING DATAEXCHANGE\JENNIFERIWASTEWATER1E43048 WW SRVC LINE REAPIR&CO INSTALLATION&MANHOLE RING&COVERICONTRACT ECMSICONTRACT.DOC CITY OF CORPUS CHRISTI ENGINEERING & CONSTRUCTION ��y� MANAGEMEN�TJ SERVICES LLC Oscar R. Martinez, U Date Felix Ocanas, Jr., P.E. ate Assistant City Manager 5001 Oakmont Drive Corpus Christi, Texas 78413 RECOMMENDED (361) 549-4576 Office (361) 851-1204 Fax Daniel Bikes, P.E., ^Date D' ctor of Engineering Services Op ting e e fi Date 5 i3�3 O eating Dep met D e APP VED AS TO FORM Office of Management DateMCf�.�_....... and Budget ATTEST S£Cv Armando Chapa, City Secr ry Pr ject No E13048 1�3� Fund Name Fund Source No. Arno q15. G Wastewater O eratin 530235-4200-33400-E13048 $ Storm Water Operating 530000-4300-32010-E 13048 Total $ Encumbrance No. Contract for Engineering(AIE)Services Page 4 of 4 KIENGINEERING�ATAEXCHANGEWENNIFERIWASTEWATERhE13 c}98 WW SRVC LINE REAPIR&CO INSTALLATION&MANHOLE RING&COVERICONTRACT ECMSICONTRACT.�OC EXHIBIT 'W' CITY OF CORPUS CHRISTI,TEXAS WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJSUTMENT PROGRAM FY 2013 Project No. E13048 I. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Architect/Engineer-AJE will: a. Prepare the necessary correspondence for the signature of the Director of Engineering Services leading towards the renewal (second renewal)of the existing construction contract. b. Assist City staff in the negotiations for increase or decrease in contract amount as may be indicated by the ENR, Engineering News Record. c. Conduct and/or attend and participate in meetings with the'Contractor and City staff required towards the renewal and award of the existing construction contract. 2. 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 far. 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 forthe 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 (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 project. 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 format" 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 EXHIBIT "A" Page 1 of 5 KlEngineering DateExchangeVENNIFERIWASTEWATERlE13448 WW SRVC LINE REAPIR&CO INSTALLATION&MANHOLE RING&COVER4GONTRACT ecroslExhibit A.doc 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 on floppy disks. i. 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 within two (2) months of final acceptance of the project. 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. B. Additional 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 will be negotiated by the Director of Engineering Services as required. The A/E will,with written authorization by the Director of Engineering Services, do the fallowing: 1. Construction Observation 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 bythe 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 AIE 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: EXHIBIT" "A" Page 2 of 5 K1Engigeering pataFxchangeWENNIFERIWASTEWATER1E13048 WW SRVC LINE REA?IR&CO INSTALLATION&MANHOLE RING&COVERICONTRACT ecroslExhibit A.doc 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: A. Conduct on-Site observations of Contractor's work in progress to assist AIE 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 meetthe requirements of any inspection,test or approval required to be made;and advise City and AIE 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. Maintain 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, AIE'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 AIE 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 AIE 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. FJCHISIT 'W Page 3of5 K1Engineering DafaExchangelJENNIFER%WASTEWATERT13048 WW SRVC LINE REAPIR&CO INSTALLATION,&MANHOLE RING&COVERLCONTRACT ewstExhibit A.doc 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 AIE, 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. 2. 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. 3. 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"A". II. SCHEDULE Day Date -Activity Wednesdgy Wed C ihmiFF�l MOM use-.Final Submittal Wednesday Cin�l C FmiiF.+l d rlverFine der Qi.dn C3eGemye Bids Tuesday June 11, 2013 Contract Award Wednesday June 26, 2013 Be in Construction Thursday June 26, 2014 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the AIE a fixed fee for providing for all "Basic Services" authorized as per the table below. The flees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-2 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 EXHIBIT "A" Page 4 of 5 K1Engineenng bataExchangeUENNIFERIWASTEWATER1E13048 WW SRVG LINE REAPIR&CO INSTALLATION&MANHOLE RING&COVERICONTRACT ecmlExhibit A.dac Section I.A.1-2, A/E will submit monthly statements for basic services rendered. In Section I.A.1, 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.2,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: Summary of Fees Basic Services Fees 1. Preliminary Phase $1,000 ' _.rlccifsr Phase Bid Phase 4. Construction Phase (22xl2xl.5x$75) $29,700 Subtotal Basic Services Fees $30,700 Additional Services Fees (Allowance) 2 onVn! n rr. 4. EnvmFeRmentaj issues 5. Construction Observation Services(12x22x4x$50) $52,800 7. Warranty Phase Included above Sub-Total Additional Services Fees Authorized $52,800 Total Authorized Fee $83,500 EXHIBIT " Page 5 of 5 KAErlgineering OataExchangeWENNIFERIWASTEWATER1E13048 WW SRVC LINE REAPIR&CO INSTALLATION&MANHOLE RING&COVERkGONTRACT ecrostFxhibii A.tlac EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS (Provides supplemental description to Exhibit"A". Exhibit"A-1"Task List does not supersede Exhibit"A.") WASTEWATER SERVICE LINE REPAIR AND CLEAN-OUT INSTALLATION AND MANHOLE RING AND COVER ADJUSTMENT PROGRAM FY 2013 Project No. E13048 Basic Services (See Exhibit "A") Additional Services: CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit `A' of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare monthly reports and submit to City staff as required.. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meetings. 2) Assist the City in conducting the public information meetings. 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. 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 maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. EXHIBIT"A-4" Pa eIof1 K3Engineering OataExchangeUENNIFER%WASTEWATER1E13048 WW SRVC LINE REAPIR&CO INSTALLATION&MANHOLE RING&COVERICONTRACT eans\Exhibit Xtdoc EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE 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 MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation, Bodily Injury& Property Damage non-renewal or material change required Per occurrence - aggregate on all certificates COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT including: ' 1. Broad Form 2. Premises- Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors AUTOMOBILE LIABILITY to included $1,000,000 COMBINED SINGLE LIMIT 1. Owned vehicles 2.. Hired— Non-owned vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim 1 $2,000,000 Coverage provided shall cover all aggregate employees, officers, directors and agents (Defense costs not included in face value 1. Errors and Omissions 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 WORKERS' COMPENSATION Which Complies with the Texas Workers Compensation Act EMPLOYERS' LIABILITY 500,0001500,000/500,000 EXHIBIT"B" Page 1 of 3 K\Engineering Data ExchangelJENNIFERIFORMSTxhibit B for Large.doex 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: i. 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. EXHIBIT Page 2 K\Engineering Do taExchange\JENNIFER1FORMSIExhibit B for Large.dom 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. I. 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" Pa e3of3 MEngineering QataExchangelJENNIFER\FORMST—xhibit B for Large.docx ip 68 Imnam ? will us m 3 � o ° a � c� flow err r V to � n � g ovvo3 � vo � � � � i t t 40© g 0008 i gigi000vo � � r M* Al I 11� I I s Ilk 4 - SUPPLIER NUMRgR TO BE ASSIGNED BYCITY- PURCHASING DIVISION City of Cr Y OF CORPUS CHRISTI cVus DISCLOSURE OF INTEREST Christ! City of Corpus Christi Ordinance 17112 as amended,requires all persons or firms seeking to do business with the City to Provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Engineering&Construction Management Services LLC P:O.SOX: STREET ADDRESS: 5001 Oakmont Drive CITY; Corpus Christi ZIP: 78413 FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm. Name Job Title and City Department(if known) 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 3. State the naives 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 f . 7� 4. State the names of each employee or officer of a "consultant" for the City of Cor�nus Christi who worked on any matter related to the subject of this contract and has an ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant r W FnJNG REQ'U'IREMENTS 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 2-3$9(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: Felix H.Ocanns,Jr.P.E. Title: President mpe or print) Signature of Certifying �, Date: Person: I d.d fe DEFINITIONS a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic bencfit". 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 ,fudges 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.