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HomeMy WebLinkAboutC2015-396 - 9/22/2015 - Approved • CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is between 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 and Engineering&Construction Management Services, a sole proprietor, 5001 Oakmont Drive, Corpus Christi, Nueces County, Texas 78413, (Architect/Engineer—A/E). WHEREAS, City and NE previously entered into a Contract for Professional Services on December 1, 2014 for NE to assist the Capital Programs Department with professional engineering, architecture and construction services related to execution of the Bond and Capital Improvements Programs; WHEREAS, City and NE now desire to amend their original Contract by entering into a Master Services Agreement (Agreement) for Professional Services to set the terms and conditions that will govern future agreements (Task Order) under the Master Services Agreement; NOW THEREFORE, in consideration of the mutual covenants contained herein,the parties agree as follows: ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and NE agree will be performed under the terms and conditions of this Agreement. Each task NE performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and NE. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The A/E shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for NE to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence. 1.3 Under this Agreement, NE will provide services on a Task Order basis for a range of services related to assisting the Capital Programs Department with professional engineering, architecture and construction services related to execution of the Bond and Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 NE shall comply with City standards, as specified in the UDC or Code of Ordinances, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. 1.5 NE shall perform tasks and submit deliverables as detailed in each approved Task Order. 2015-396 9/22/15 M2015-103 Master Services Agreement (NE) Engineering& Construction Page 1 of 10 INDEXED 1.6 A/E shall provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Additionally, NE shall provide staff for regular, overtime, night, weekend and holiday service, as requested by City. Persons retained by NE to perform work pursuant to this Agreement shall be employees or subconsultants of A/E. 1.7 NE shall not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $63,000.00 (Sixty Three Thousand Dollars and Zero Cents). 2.2 The A/E's fee for each Task Order will be on a time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 A/E shall submit a proposal to the City, including a rate schedule, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). NE shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.4.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The A/E shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.5 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $63,000 Task 1 —Operational Assistance TBD Task 2 -TBD TBD Task 3 -TBD TBD Task 4 - TBD TBD Task 5 -TBD TBD Task 6 -TBD TBD 2.6 All services shall be performed and the applicable standard of professional care set forth in Article X herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. Master Services Agreement (NE) Page 2 of 10 2.7 In the event of any dispute(s)between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, NE shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event NE does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by A/E shall constitute a waiver of claims except those previously made in writing and identified by NE as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The NE may be directed to suspend work pending receipt and appropriation of funds. ARTICLE III — INSURANCE REQUIREMENTS 3.1 NE must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. NE must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 3.2 NE must furnish to the Director of Capital Programs with the signed Agreement 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s)acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased Master Services Agreement (NE) Page 3 of 10 • PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $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 insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 3.3 In the event of accidents of any kind related to this agreement, NE must furnish the City with copies of all reports of any accidents within 10 days of the accident. 3.4 Applicable for paid employees, NE must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers'compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the NE will be promptly met. An All States Endorsement shall be required if NE is not domiciled in the State of Texas. 3.5 NE shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at NE'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. A/E is required to provide City with renewal Certificates. 3.6 NE shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change.NE 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: Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 3.7 NE agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Master Services Agreement (NE) Page 4 of 10 3.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City,with the exception of the workers' compensation policy; 3.7.2 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; 3.7.3 Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 3.7.4 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. 3.8 Within five(5)calendar days of a suspension, cancellation, or non-renewal of coverage,A/E shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend A/E'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. 3.9 In addition to any other remedies the City may have upon A/E'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 NE to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to NE hereunder until NE demonstrates compliance with the requirements hereof. 3.10 Nothing herein contained shall be construed as limiting in any way the extent to which A/E maybe held responsible for payments of damages to persons or property resulting from A/E's or its subcontractor's performance of the work covered under this agreement. 3.11 It is agreed that NE'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 agreement. 3.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE IV- INDEMNIFICATION A/E shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by NE or its agent, NE under contract or another Master Services Agreement (A/E) Page 5 of 10 entity over which NE exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. NE must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. NE must advise City in writing within 24 hours of any claim or demand against City or NE known to NE related to or arising out of NE's activities under this Agreement. ARTICLE V- TERMINATION OF AGREEMENT 5.1 The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to the NE at the address of record. 5.2 In this event, the NE will be compensated for its services on all Task Orders authorized based upon NE and City's estimate of the proportion of the total services actually completed at the time of termination. ARTICLE VI — RIGHT OF REVIEW AND AUDIT 6.1 NE grants City, or its designees, the right to audit, examine or inspect, at City's election, all of NE's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. NE agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 6.2 "NE's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures,federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 6.3 City agrees that it shall exercise the right to audit, examine or inspect NE's records only during City's regular business hours. NE agrees to allow City's designee access to all of NE's records, NE's facilities and NE's current or former employees, deemed necessary by City or its designee(s),to perform such audit, inspection or examination. NE also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. Master Services Agreement (NE) Page 6 of 10 6.4 NE shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VII — OWNER REMEDIES 7.1 The City and NE agree that in the event of a delay in completion for which the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. 7.2 Pursuant to Article Ill, the City may assert a claim against the NE's professional liability insurance, as appropriate. 7.3 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE VIII —A/E REMEDIES 8.1 NE shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond NE's reasonable control. ARTICLE IX— CLAIMS AND DISPUTE RESOLUTION 9.1 Filing of Claims 9.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 9.1.2 Every Claim of NE, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the NE by his/her signature, verifying the truth and accuracy of the Claim. 9.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 9.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to NE. If NE is not satisfied with the proposal presented, NE will have thirty(30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or(iii) request Alternative Dispute Resolution. 9.1.5 Pending final resolution of a claim, except as otherwise agreed in writing,NE shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. Master Services Agreement (NE) Page 7 of 10 9.2 Alternative Dispute Resolution 9.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 9.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 9.2.3 Mediation 9.2.3.1 In the event that City or A/E shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 9.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 9.2.3.3 In the event City and A/E are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 9.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 9.3 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE X — MISCELLANEOUS PROVISIONS 10.1 Use of Local Expertise/ Local Professional 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 professional work and expertise necessary to perform the work under this Agreement will be performed by persons residing within the Corpus Christi Metropolitan Statistical Area (MSA). Master Services Agreement (NE) Page 8 of 10 10.2 Assignability. The NE will not assign, transfer or delegate any of its obligations or duties in this Agreement 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. 10.3 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. 10.4 Standard of Care_ . Services provided by NE under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 10.5 Licensing. NE shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. . 10.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and NE and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and NE. 10.7 Disclosure of Interest. NE agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form, Exhibit D. 10.8 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 10.9 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 10.10 Conflict Resolution Between Documents. NE hereby agrees and acknowledges if anything contained in the NE-prepared Scope of Services or in any other document prepared by NE and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. Master Services Agreement (NE) Page 9 of 10 CITY OF CORPUS CH- TIENGINEERING & CONSTRUCTION .? # • ,____ MANAGEMENT SERVICES J.H. dmonds, P. E. (Dat ) Felix . 0c-fig, Jr., P.E. (bate) Director of Capital Programs President 5001 Oakmont Drive Corpus Christi, TX 78413 APP /' ii (361) 986-1202 Office glik (C' (361) 549-4576 Fax Offic- of Management (D. e) and Budget APP'OVED AS TO LEGAL FORM ligilf Z /4b-15' :istant City Attorney (Date) or Cityment (D. t-- b3 12.Z.....E.A-- uttii. ,.., ATTEST 0 COUNCIL.....fl J n—'41.-0_. ).-1A-12A-,(-7--\ -.NommIliersomormaxmoo•••• SRIRETARit Rebecca Huerta, City Secretary Fund Name Accounting Account Activity No. Amount Unit No. Landfill 2015 CO 3367-033 550950 140329 01 3367 EXP $15,750 Water 2013 RVBD 4093-041 550950 E12141 01 4093 EXP 15,750 Wastewater 20128 4249-042 550950 E10015 01 4249 EXP 15,750 Storm Water 2015 4530-043 550950 E13022 01 4557 EXP 15,750 Total $63,000 Encumbrance No. Master Services Agreement (NE) Page 10 of 10 • EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and Engineering and Construction Management Services(NE)dated , 2015(Agreement). NE shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION T&M - Ahour This Task Order is approved and NE may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI [COMPANY NAME] J.H. Edmonds, P.E. (Date) (Date) Director of Capital Programs TITLE ADDRESS Corpus Christi, TX 78401 RECOMMENDED PHONE Office Operating Department (Date) APPROVED AS TO FORM Office of Management and Budget (Date) Legal Department (Date) EXHIBIT "A" Page 1 of 1 ECMS August26,2015 ENGINEERING & CONSTRUCTION Jerry Shoemaker,P.E. MANAGEMENT Assistant Director of Capital Programs SER VICES City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469 5001 OAKMONT DRIVE Dear Mr. Shoemaker, CORPUS CHRISTI,TX 78413 Reference: ExistingContract with ECMS LLC for Trainingand Advisory Services 361 9861,202 OFFICE �' 361 54914576 MOBILE 361 90612477 FAX ECMS@STX.RR.COM Following is my proposal for an amendment to referenced contract for the following scope of services: SCOPE OF SERVICES Assist in construction claims analysis and preparation of findings of fact reports on claims as assigned; prepare and provide one-on-one and group training on construction management and inspection techniques and procedures; assist in the analysis of construction contract issues and determination of solutions; prepare draft correspondence to contractors for city construction managers and directors of departments on construction contract issues and problems as requested;continue to assist in the preparation of a training program for the entire construction inspection staff; and perform other related tasks as assigned. FEE The proposed fee for these services is $90 per hour for a total of 700 hours and a total contract amount of $63,000. This includes all costs associated with the services including travel expenses, vehicle expenses, office expenses and overhead costs. PERIOD OF SERVICES The period of services will be determined by the number and duration of requests made by the City. The Engineer(ECMS LLC)will be available at least four hours,but not more than eight hours,per day, five days per week. The services will be performed at a City facility as determined by the City for each request or at the Engineer's office as may be more practical and convenient for the City. Thank you for requesting my services. I look forward to continue working with you and your staff. Sincerely yours, ---4-44 a...."=z- Felix H.Ocanas,Jr.,P.E. President/CEO,ECMS LLC EXHIBIT "B" Page lof 1 Page 1 of 1 Sample form for: Payment Request COMPLETE PROJECT NAME 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% O & 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% MIIMOMMIIIMI rn (01 W 0 c2 • la;11 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI City DISCLOSURE OF INTEREST Christi 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. Everyquestion 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.BOX: N/A STREET ADDRESS: 5001 Oakmont 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 Cityof 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) l 1e 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 IA 3. 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 Consultant N A 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 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: Felix H.Ocanas Jr.,P.E. Title: President (Type or Print) Signature of Certifying l 'C1 Date: Person: I %u�'�"(�j / 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 ACi CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIVYYY) 08/31/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Pearl Insurance PHONE FAX IA/C.No.Extl: (A/C,No): 1200 E Glen Ave E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Peoria Heights IL 61616 INSURERA: The Charter Oak Fire Insurance Company 25615 INSURED INSURER B: RLI Insurance Company 13056 ECMS,LLC INSURER C: 5001 Oakmont Dr INSURER D: INSURER E: Corpus Christi TX 78413-2703 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100 000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person)_ $ 5,000 A Y Y 660-2G50007A 08/14/2015 08/14/2016 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JFCOT- LOC $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT (Ea accident) $ _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability 1,000,000 per claim/$2,000,000$aggregate B Retroactive Date:08/14/2015 N Y RDP0021405 08/14/2015 08/14/2016 $1,000 deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Proof Of Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A�THORI D,.1{EP ENTATIVE i 6 r/l(f/ ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD