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HomeMy WebLinkAboutC2015-499 - 12/18/2015 - NA 4 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 LNV, Inc., a Texas corporation, 801 Navigation, Suite 200, Corpus Christi, Nueces County, Texas 78408, (Architect/Engineer—A/E), hereby agree as follows: 1. SCOPE OF PROJECT City-Wide Collection System Pipeburstinq Indefinite Delivery/Indefinite Quantity Part B (Project No. E15209) — This project will focus on the rehabilitation of the City's aged wastewater infrastructure via pipe bursting methods on collection system lines 24-inch and under. This agreement provides for revised contract documents, specifications, and drawings for Part B of the City-Wide Collection System Pipebursting ID/IQ. 2. SCOPE OF SERVICES The NE hereby agrees 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 the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 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 Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. 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 2015-499 12/18/15 Contract for Professional Services Page 1 of 7 IASTEWATER\E15209 CITYWIDE COLLECTION SYSTEM PIPEBURSTING IDIQ PART B\CONTRACT.DOC INDEXED LNV Inc. 4. FEE The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $7,680.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY NE shall fully indemnify and hold harmless 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,to the extent that the damage is caused by or results 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 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 or its employees, to the extent of such negligence. If the liability results solely from the negligent acts or omissions of the NE, the NE shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based wholly or partly on the negligence of,fault of or breach of contract by the City, the NE shall reimburse the City's reasonable attorney's fees in proportion to the NE's liability. NE must advise City in writing within 24 hours of any claim or demand against City or NE known to A/E related to or arising out of NE's activities under this Agreement. 6. INSURANCE 6.1 NE must not commence work under this agreement until all required insurance 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. 6.2 NE must furnish to the Director of Engineering Services 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. Contract for Professional Services Page 2 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15209 CITYWIDE COLLECTION SYSTEM PIPEBURSTING IDIQ PART B\CONTRACT.DOC • 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 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 6.3 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. 6.4 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. Contract for Professional Services Page 3 of 7 K\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15209 CITYWIDE COLLECTION SYSTEM PIPEBURSTING IDIQ PART B\CONTRACT.DOC • 6.5 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. 6.6 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 A/E agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 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; 6.7.2 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; 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 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. 6.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, NE shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend NE'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. 6.9 In addition to any other remedies the City may have upon NE'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. Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGEWENNIFER\WASTEWATER\E15209 CITYWIDE COLLECTION SYSTEM PIPEBURSTING IDIQ PART B\CONTRACT.DOC 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which NE may be held responsible for payments of damages to persons or property resulting from NE's or its subcontractor's performance of the work covered under this agreement. 6.11 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. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 6.13 Contracts Less than $50,000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. 7. 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. 8. 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. 9. 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 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. 10.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 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. Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15209 CITYWIDE COLLECTION SYSTEM PIPEBURSTING IDIQ PART B\CONTRACT.DOC 11. 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. 12.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. 13.CONFLICT OF INTEREST NE agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 14.ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and A/E 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. 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. 15. CONFLICT RESOLUTION BETWEEN DOCUMENTS NE hereby agrees and acknowledges if anything contained in the NE-prepared Exhibit A, NE's Scope of Services, or contained in any other document prepared by NE and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CI OF C o "L.1,U- HRIS / 10/, INC. rlfr) Werie H. t . , P E. '18 t D.te an. S Leyendecker, P.E. Date -cutive Directo of Public Works President 801 Navigation, Suite 200 Corpus Christi, TX 78408 RECOMM DED (361) 883-1984 Operating Department Date Contract for Professional Services Page 6 of 7 K\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15209 CITYWIDE COLLECTION SYSTEM PIPEBURSTING IDIQ PART B\CONTRACT.DOC APPROVED AS TO LEGAL FORM -:al Department -'i' Date APPROVED f 1 161 Office of Management D f and Budget '� Project Number E15209 Accounting Unit 4250-042 Account 550950 Activity E15209014250EXP t o/ Account Category 50950 Fund Name WW 2006 RVBD Contract for Professional Services Page 7 of 7 K.\ENGINEERING DATAEXCHANGEWENNIFER\WASTEWATER\E15209 CITYWIDE COLLECTION SYSTEM PIPEBURSTING IDIQ PART B\CONTRACT.DOC • • • LNV Solutions Today with a engineers architects ! contractors Vision for Tomorrow October 30, 2015 J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi. TX 78469-9277 Re: City Wide Collection System Pipebursting ID/IQ Part B City Project No. E15209 Dear Mr. Edmonds: In response to City request, we are proposing the following contract for the City Wide Collection System Pipebursting ID/IQ Part B Project. Project Description: The City of Corpus Christi, Texas, hereinafter called "City", and LNV, Inc., hereinafter called "Engineer", agree to the following Contract for Engineering and Consulting Services to develop contract and bidding documents necessary for the City-wide Collection System Pipebursting ID/IQ Part B project. This IDIQ construction project will focus on the rehabilitation of the City's aged wastewater infrastructure via pipe bursting methods on collection system lines 24" and under. The IDIQ bid package will include plans, details, project notes, pay limits, sample delivery orders, traffic control measures, bypass pumping plan template and standard/technical specifications. The IDIQ contract documents will be prepared as a 1-yr, $1.875M base construction contract along with four (4) 1-yr renewal options. 1. SCOPE OF SERVICES A. BASIC SERVICES 1. Preliminary Phase. (N/A) 2. Design Phase. (N/A) 3. Bid Phase. (N/A) 4. Construction Phase. (N/A) SMALL A/E AGREEMENT EXHIBIT "A" 801 NAVIGATION I SUITE 200 I CORPUS CHRISTI,TEXAS 78408 Page 1 of 5 OFFICE 361883.1984 I FAX 361.883 1986 I WWW.LNVINC.COM A. 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 NE will not begin work on this section without specific written approval by the Acting Director of Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Acting Director of Capital Programs as required. The NE will,with written authorization by the Acting Director of Capital Programs, do the following: 1. City wide Pipe Bursting IDIQ Part B Contract Docs. &Bid Package *The following is the scope of work conducted for the City-Wide Collection System Pipebursting IDIIQ—El 5089 bid package submitted on August 28, 2015 and bid on Wednesday October 14,2015. a. Contract and Bidding Documents • Engineer will prepare ID/IQ contract documents for the City-wide Collection System Pipe Bursting Rehabilitation IDIQ Procurement Project. • Engineer will develop a wastewater infrastructure rehabilitation unit price matrix for all items reasonably anticipated to be needed for the delivery order work.Additional items will be included such as fence replacement, landscaping, paving, stabilized backfill, sidewalks, curb &gutter, traffic control, utility conflicts,pre&post CCTV,line cleaning, utility relocation, services, tie-ins, bypass pumping, plugs, etc. Engineer will prepare exhibits and plan sheets showing unit matrix examples. • Prepare "hypothetical"final quantities and estimates of probable costs which will be used for bidder evaluation. • Engineer will develop the criteria for maximum schedule allowances for delivery order issues. • Engineer will prepare a sample delivery order to be included as an attachment in the bid documents. This document will clearly define the contractor's expectations on the type of information typically included in future delivery orders and the level of detail to be expected.Additionally, it will provide clear guidance on the anticipated format of future delivery orders and will define the documents required, provide suggestions on the type of information recommended, and offer examples of plan sheets,photos, and cost estimates. • Provide typical traffic control plans and standard traffic control measures for the various construction applications that can be reasonably anticipated. Include bid items for signage, illumination, markings and striping, and signalization. The City Traffic Engineering Department will have final authority on the appropriate traffic control set-ups for each delivery order site. • Provide Quality Assurance/Quality Control(QNQC)measures to ensure that submittal of the pre-final, and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. SMALL AIE AGREEMENT EXHIBIT"A " Page 2 of 5 • • • Prepare one (1) set of PRE-FINAL and one (1) set of FINAL Contract and Bid Documents in City format(using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements,and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized;and such other essentials as may be necessary for construction and cost analysis.Both packages will also be provided electronically in pdf and CAD formats. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. • Following the city's review of the PRE-FINAL submittal package, Engineer will assimilate all review comments and make the appropriate modifications and additions/deletions to the FINAL bid package. The City agrees that any modifications of the submitted final plans(for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to reuse of modified plans. *To complete the contract documents and bid package for the City-Wide Collection System Pipebursting ID/1C1 Part B project of similar scope, Engineer will perform the following: • Update previously submitted contract documents and bid package with the new City front end documents and updated project details. • Revise previously submitted specifications to correspond with revised project details. • Update "hypothetical" final quantities and estimates of probable costs which will be used for bidder evaluation based on new project budgets. • Provide Quality Assurance/Quality Control(QA/QC)measures to ensure that submittal of the final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. • Prepare one (1)set of FINAL Contract and Bid Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe,for one bid or for multiple bids,the size and character of the entire Project;description of materials to be utilized;and such other essentials as may be necessary for construction and cost analysis. Both packages will also be provided electronically in pdf and CAD formats.Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. The City agrees that any modifications of the submitted final plans(for other uses by the City)will be evidenced on the plans and be signed and sealed by a professional engineer prior to reuse of modified plans. SMALL AJE AGREEMENT EXHIBIT"A " Page 3 of 5 • The allowance for the City-wide Pipe Bursting IDIQ Contract Docs.&Bid Package task is$4,340. b. Bid Services and Evaluation • Engineer will attend the Pre-Bid Meeting. • Engineer will attend the Bid Opening. • Engineer will receive Requests for Information (RFH) and prepare response clarification as needed. • Engineer will prepare and submit addenda as needed for the project execution. • Engineer will prepare a matrix to evaluate various bid items for the ID/IQ requirements. • Engineer will prepare a bid evaluation and provide a written recommendation to the City. The allowance for the Bid Services and Evaluation task is$3,340. 2. SCHEDULE Day Date Activity Weekday 15 Days after NTP Contract&Bid Documents Final Submittal SMALL A!E AGREEMENT EXHIBIT"A " Page 4 of 5 3. FEES A. Fee for Basic Services. The City will pay the NE a fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, NE will submit monthly statements for basic services rendered. In Section I.A.1-3, 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.4, 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 Acting Director of Capital Programs under Section I.B."Additional Services,"the City will pay the NE a not-to-exceed fee as per the table below. All additional service fees are unauthorized allowances requiring authorization by the Acting Director of Capital Programs. Summary of Fees 1. Task 1 - City-wide Pipe Bursting IDIQ Part B Contract Docs. & Bid $ 7,680.00 Package TOTAL FEE $ 7,680.00 Sincerely, LNV, Inc. TBPE Firm No. F-366 1/2Sifi 0/.50.5 Logan Burton, P.E. PrincipalNice President SMALL NE AGREEMENT EXHIBIT"A " Page 5 of 5 EXHIBIT B SAMPLE PAYMENT REQUEST FORM 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% Contract for Professional Services Exhibit B • • • 11;11 SUPPLIER NUMBER TO BE ASSIGNED BY-CITY--- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV Engineering P.O.BOX: STREET ADDRESS: 801 Navigation,Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: I. Corporation X 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) Off 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 ,J Jic 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 N /A 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 /J/A- T , • . e • 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: Dan S. Leyendecker,P.E. Title: President (T)pe or Print) Signature of Certifying Date: Z/2o//S' 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.