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HomeMy WebLinkAboutC2014-220 - 9/16/2014 - 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 Capital Programs) and Tolunav-Wong Engineers, Inc., a Texas corporation, 5233 IH-37 Suite B-7, Corpus Christi, Nueces County, Texas 78408, (ArchitectlEngineer—NE), hereby agree as follows: 1. SCOPE OF PROJECT Groundwater Monitoring at JC Elliot Municipal Landfill (Project No. E14011) — The scope of work consists of three parts: 1. Semiannual Detection Monitoring of the 23 monitoring wells (Wells MW 1-2, 4-5, 7, 12, 16-32) for the 15 total metals and volatile organic compounds specified in the current GWSAP. One of our underlying objectives for this project is to maintain consistency and make the transition as seamless as possible. The cost proposal submitted to the City for FY2013-2014 added the following parameters to the monitoring list: iron, manganese, nitrate-nitrogen, ammonia-nitrogen, and dissolved organic carbon. These were added to facilitate identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, that same cost proposal recommended the collection of 6 samples (3 per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This was also intended to assist in preparation of alternate source demonstrations and contaminant fate and transport modeling.TWE concurs with both of these provisions and has added them into our cost proposal. 2. Verification re-sampling for wells with statistically significant increases (SSI) over background limits. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City of Corpus Christi and three hard copies to the TCEQ. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition,NE 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", to complete the Project. Work will not begin on Additional Services until requested by 2014-220 Contract for Engineering(NE)Services 9/16/14 Page 1 of 4 M2014-122 nog cv ATE\E14011&E14012 SOLID WASTE GROUNDWATER MONITORING\1-JC ELLIOT 2014-2015 Tolunay-Wong Engineerings Inc. INDEXED the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Capital Programs. NE 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 NE 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 NE and written authorization is provided by the Director of Capital Programs. 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. The Director of Engineering Services may direct the NE 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. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the NE a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $133,700.00, (in numbers), One Hundred Thirty Three Thousand Seven Hundred 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 NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. Contract for Engineering(NE)Services Page 2 of 4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\SOLID WASTE\E14011&E14012 SOLID WASTE GROUNDWATER MONITORING\1-JC ELLIOT 2014-2015 CONTRACT\1 CONTRACT PROFESSIONAL SERVICES.DOC • • 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 NE 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 NE 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 NE staff. If the NE 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 NE fee may be assigned in advance of receipt by the NE 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. 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 NE without the express written consent of the Director of Engineering Services. However, the NE 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 NE 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 Tolunay-Wong Engineers, Inc. 9.113'14 7 z3 ,y Fudge, P. . Date Paul R. Wild, CAPM Date Natasha Acting Director Capital P grams V.P. — Environmental Services 10710 S. Sam Houston Pkwy W. Suite 100 Houston TX 77031 (713) 722-7064 Houston Office (361)884-5050 Corpus Christi Office Contract for Engineering(NE)Services Page 3 of 4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\SOLID WASTE\E14011&E14012 SOLID WASTE GROUNDWATER MONITORING\1-JC ELLIOT 2014-2015 CONTRACT\1 CONTRACT PROFESSIONAL SERVICES.DOC RECOMMENDED 44114 /24.44W .2 1401.2, 40 Lawrence Mikolajczyk Date Director of Solid Waste Operations APP' D 0 is Of Management D.t/�� 14,a and Budget � !Y COUNCIL .--•.- i►.t SECi�?I►RYr;, /� APP OVE AS TO LEGAL FORM qi4?41f Assistant City Attorney Date For City Attorney ATTEST 122 LC.C,e" 14lAi2ASfe Rebecca Huerta, City Secretary Groundwater Monitoring JC Elliot Landfill (Prosect No. E14011) Department Fund Source No. Amount Solid Waste 530000-1020-12530 $133,700.00 Encumbrance No. Contract for Engineering(NE)Services Page 4 of 4 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\SOLID WASTE\E14011 8 E14012 SOLID WASTE GROUNDWATER MONITORING\1-JC ELLIOT 2014-2015 CONTRACT\1 CONTRACT PROFESSIONAL SERVICES.DOC Tolunay-Wong 5233 IH-37,Suite B-7 Engineers Inc. Corpus Christi,Texas 78408 Phone:(361)884-5050 Monday, July 7, 2014 TWE Proposal No. P14-E065 Mr. Lawrence Mikolajczyk Director of Solid Waste Operations City of Corpus Christi 2525Hygeia St., 78415 Corpus Christi, Texas 78469-9277 Phone: 361 826-1965 Fax: 361 826-1971 LawM@cctexas.com COST PROPOSAL FOR GROUNDWATER MONITORING AT J C ELLIOTT MUNICIPAL LANDFILL FOR FISCAL YEAR 2014 - 2015 CORPUS CHRISTI,NUECES COUNTY,TEXAS Dear Mr. Mikolajczyk: Tolunay-Wong Engineers, Inc. (TWE) is pleased to submit the following proposal to provide groundwater monitoring services at the above-referenced facility for the City of Corpus Christi's (City) fiscal year of 2014 to 2015. Background The Site is located at 7001 Ayers St, Corpus Christi, Texas and comprises approximately 313 acres. The landfill is a Type I Municipal Solid Waste (MSW) facility that received domestic waste and wastewater treatment plant sludges. It is currently in post-closure care and the groundwater is being monitored on a semiannual basis under the detection monitoring program as specified in Title 30 Administrative Code (30 TAC ) 330 Subchapter J Groundwater Monitoring and Corrective Action, Constituents being monitored under this program include metals and volatile organic compounds (VOC) listed in 40 CFR Part 258, Appendix I. In the detection monitoring program for this facility, groundwater analytical results are compared to background concentrations that have been determined on an intrawell basis. As noted in a letter dated February 21, 2013 from TCEQ to Mr. Lawrence Mikolajczyk of the City, the "Total Metals Statistical Background Evaluation Report" was received by the agency on January 12, 2012. This concluded the two year background determination period so that the Detection Monitoring program began with the January 2012 sampling event. This suggests that background was completed with the 2011 monitoring year. As per 30TAC'330.407 Detection Monitoring Program for Type I Landfills, "Background data sets may be updated once every two years with semiannual detection monitoring results that are demonstrated to be representative of background groundwater quality." The scope of work for the City's contract document for EXHIBIT"A" Page 1 of 4 Mr. Lawrence Mikolajczyk TWE Proposal No. P14-E065 July 7, 2014 Page 2 FY2013-2014 groundwater monitoring (Project No. E13074), called for an update to intra-well background values with 2012 and 2013 data. That document also confirmed that initial background concentrations were completed with 2011 quarterly groundwater data. On this basis the J C Elliott facility is not due for a background update for at least another year, which would fall within FY2015-2016. Objective The objective of this project is to implement the Groundwater Sampling and Analysis Plan (GWSAP) which outlines the City's program for groundwater monitoring in accordance with the requirements of 30 TAC Subchapter J. The groundwater-monitoring program includes consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation of groundwater quality at the J C Elliott facility. Scope of Work The Scope of Work includes three tasks 1. Semiannual Detection Monitoring of the 23 monitoring wells (Wells MW 1-2, 4-5, 7, 12, 16- 32) for the 15 total metals and volatile organic compounds specified in the current GWSAP. One of our underlying objectives for this project is to maintain consistency and make the transition as seamless as possible. The cost proposal submitted to the City for FY2013-2014 added the following parameters to the monitoring list: iron, manganese, nitrate-nitrogen, ammonia-nitrogen, and dissolved organic carbon. These were added to facilitate identification of geochemical processes that can mobilize metals, and which may assist with preparing alternate source demonstrations when background is exceeded in a well. In addition, that same cost proposal recommended the collection of 6 samples (3 per event) from the landfill leachate collection system to characterize the waste in terms of monitored constituents. This was also intended to assist in preparation of alternate source demonstrations and contaminant fate and transport modeling. TWE concurs with both of these provisions and has added them into our cost proposal. 2. Verification re-sampling for wells with statistically significant increases (SSI) over background limits. 3. Evaluation of detection monitoring data, identification and reporting of SSIs or alternate sources, preparation of correspondence and submittals to TCEQ, including the Annual Report. TWE will transmit two hard copies and 1 electronic copy of the report to the City of Corpus Christi and three hard copies to the TCEQ. Schedule Based on the City's new fiscal year schedule and negotiations with TCEQ, TWE proposes to conduct the field sampling events in November 2014 and May 2015. This will shift the 2014 Annual report forward to no later than April 2015. The period between the 2nd semiannual sampling event of 2014 and Annual Report will be utilized for verification sampling which has historically included as many as three verification sampling events. The period following the 1st EXHIBIT"A" Page 2 of 4 Mr. Lawrence Mikolajczyk TWE Proposal No. P14-E065 July 7, 2014 Page 3 semiannual event of 2015 will also be utilized for verification sampling if required. Each semiannual sampling event is expected to take about one working week to complete with analytical turnaround time (TAT) requiring two working weeks. Each of these two sampling events will be conducted as early in their respective semiannual period as possible to allow sufficient time for verification sampling, data analysis, and reporting. Verification sampling, if required, is expected to take about 3 days for each event with analytical TAT again requiring two working weeks. Proposed Project Costs The proposed costs are presented in two components: the base cost to perform the work itself and ramp-up costs for us to become familiar with the various program elements and to facilitate a seamless transition between past monitoring events and future events. TWE will conduct the investigation on a time and material basis for a not-to-exceed base price of $112,030 with estimated ramp-up costs of$21,340, yielding a total, not-to-exceed price of$133,700. A cost breakdown for the major tasks is summarized below. Field Sampling Activities (includes 2 Verification Sampling Events) Labor $ 19,540 Travel& ODCs $ 6,300 Analytical $ 39,930 Reporting $ 31,010 Project Management $ 15,580 Project Subtotal $ 112,360 Ramp-up Costs $ 21,340 Total $ 133,700 Limitations The proposal presented above, including the Scope of Work and schedule, is contingent upon the following assumptions: • TWE will have necessary access to the site. • Level D Personal Protective Equipment is adequate. • Permit Modifications and/or GWSAP modifications along with associated agency negotiations and meetings will not be required if Semiannual Reports are submitted in lieu of one Annual Report. • Negotiations and/or meetings with TCEQ for any other issues related to the scope of work as outlined in this proposal will not be required. • Unanticipated delays beyond TWE's control will constitute a change order and will be billed according to the attached fee schedule. EXHIBIT"A" Page 3 of 4 Mr. Lawrence Mikolajczyk TWE Proposal No. P14-E065 July 7, 2014 Page 4 Closing Remarks If you have any questions or need additional information, please contact me at(361) 884-5050 or by e-mail at drokohl(a,tweinc.com. Sincerely, Tolunay-Wong Engineers, Inc. b_ -1e6 710/1/ Don Rokohl, P.E. Mark Brotherton, P.G. Corpus Christi Branch Manager Sr. Project Manager Environmental Services Division Paul Wild Vice President Environmental Services Division EXHIBIT"A" Page 4 of 4 a • EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR NE PROFESSIONAL SERVICES/CONSULTANT 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 / $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 500,000/500,000/500,000 EXHIBIT"B" Pa•e 1 of 3 K1Engineering DataExchange\ClarissaJ\Solid Waste\E14011 8 E14012 Solid Waste Groundwater Monitoring\1-JC Elliot 2014-2015 Contract\3 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: 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"B" Pa•e 2of3 K:\Engineering DataExchange\ClarissaJ\Solid Waste\E14011&E14012 Solid Waste Groundwater Monitoring\1-JC Elliot 2014-2015 Contract\3 EXHIBIT B INDEMNIFICATION-OCT 2010.docx 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 K:\Engineering DataExchange\ClarissaJ\Solid Waste\E14011&E14012 Solid Waste Groundwater Monitoring\1-JC Elliot 2014-2015 Contract\3 EXHIBIT B INDEMNIFICATION-OCT 2010.docx Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No.XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% 0 & M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% X to _ m to O -� n • SUPPLIER NUMBER TO BE ASSIGNED BY CR Y PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Ch DISCLOSURE OF INTEREST sti 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: Tolunay-Wong Engineers,Inc. P.O.BOX: STREET ADDRESS: 5233 IH-37,Suite B-7 CITY: Corpus Christi ZIP: 78408 FIRM IS: I. Corporation n2. 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. I. State the names of each "employee" of the Cityof Corpus Christi having an `"ownership interest"constituting 3%or more of the ownership in the above named"firm.' are 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." Na;II 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." Name H74, Consultant EXHIBIT"D" Page 1 of 2 • FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writingto the City official, employee or body that has been requested to act in the matter,ttunless the interest of the City fficial 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: Don R.Rokohl,P.E. Title: Branch Manager (Type or Print) Signature of Certifying y IZ "`(2_6.� �t Date: , 3 Person: 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 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