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HomeMy WebLinkAboutC2015-502 - 12/22/2015 - NA t , 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 Garver, LLC., 3020 Gaylord Parkway, Suite 190, Frisco, Texas 75034, (Architect/Engineer — NE), hereby agree as follows: 1. SCOPE OF PROJECT CCIA Air Operations Area Perimeter Fence Replacement(Proiect No. E15221)—The project includes the replacement approximately nine miles of existing 6' airfield perimeter fence with an 8' fence with a security apron under the fence to keep out wildlife. 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 2015-502 the City of Corpus Christi within three (3) days of notice if tasks 12/22/15 dditional fee. Contract for Professional Services Page 1 of 7 Garver LLC ,AJ\AIRPORT\E15221-CCIA AIR OPERATIONS AREA PERIMETER FENCE REPLACEMENT11 CONTRACT FOR INDEXED 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 $34,900.00 Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY A/E 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 NE 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\CLARISSAJ\AIRPORT\E15221-CCIA AIR OPERATIONS AREA PERIMETER FENCE REPLACEMENT\1 CONTRACT FOR PROFESSIONAL SERVICES DOCX 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 3of7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\AIRPORT\E15221-CCIA AIR OPERATIONS AREA PERIMETER FENCE REPLACEMENT\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX 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. NE 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 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: 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 A/E hereunder until NE demonstrates compliance with the requirements hereof. Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJVAIRPORT\E15221-CCIA AIR OPERATIONS AREA PERIMETER FENCE REPLACEMENT\1 CONTRACT FOR PROFESSIONAL SERVICES DOCX 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 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. 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 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 Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJWIRPORT\E15221-CCIA AIR OPERATIONS AREA PERIMETER FENCE REPLACEMENT\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX signed and sealed by a professional engineer prior to re-use of modified plans. 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 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. 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. CITY OF CORPUS CHRISTI GARVER, LLC. 0 ) 2-01 5. Gus Gonzalez, P. . Date Frank Mclllwain,tc- 7 . P.E. Date Assista t City Man ger Vice President Public Works and Utilities 3020 Gaylord Parkway, Suite 190 Frisco, Texas 75034 (214) 916-9022 Office Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\AIRPORT\E15221-CCIA AIR OPERATIONS AREA PERIMETER FENCE REPLACEMENT\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX RECOMMENDED 1 la Z/ Ik J W ' I/ � /' Valer H. Gra P.E. Date viayir5" Executive Direc •r of -ublic Works 1 / // c Fred Date Director of Aviation APPROVED AS TO LEGAL FORM t,t- Z /�, /?-NLf Le epartmen 'i Date APPROVED 4.444itiviel, ill/ifi Office of Management 1 iiio and Budget Fund Name Accounting Unit Account No. Activity No. Account Category Amount Airport CIP 3026-274 550950 E152211543026D 50950 $34,900.00 Total $34,900.00 Contract for Professional Services Page 7 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\AIRPORTE15221-CCIA AIR OPERATIONS AREA PERIMETER FENCE REPLACEMENTI CONTRACT FOR PROFESSIONAL SERVICES.DOCX • GARVER APPENDIX A SCOPE OF SERVICES CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS 2.1 General Generally, the scope of services includes surveying and preparation of a preliminary engineering report for the installation of new perimeter fence and gates, and infrastructure improvements related to access control, lighting, and closed circuit television at the Corpus Christi International Airport (CCIA). 2.2 Surveys 2.2.1 Design Surveys Garver will provide record and survey data research for the preliminary engineering report. The use of other survey information, provided to Garver by others, will be assumed to be correct. Field surveys for development of construction documents may be added to this scope of work by future contract amendment. 2.2.2 Property Surveys Not used. 2.3 Geotechnical Services Not used. 2.4 Preliminary Engineering Report Garver will serve as the Owner's representative in the development of a preliminary engineering report for the project and furnish consultation and advice to the Owner during the performance of this service. Garver will attend preliminary conferences with Owner's representative, local officials, state and federal agencies, utility companies or others regarding the proposed project, its general design, functions, and impact. Garver will prepare a preliminary engineering report and submit copies for review and approval to the Owner and FAA in the number presented in Section 2.8. Garver will attend conferences for review of the preliminary engineering report and conduct coordination conferences with interested agencies and utilities, as part of a separate agreement. The preliminary engineering report will include recommended scope for improvements, Garver's recommendations for options to the fencing and gates about the perimeter of CLIA, and an engineer's opinion of probable construction cost for the project limits shown in Appendix C. This report will be provided for the purpose of coordinating the proposed improvements with the Owner and other impacted entities and developing an order of magnitude cost estimate for the project. Garver will not perform preliminary design, final design, bidding services, construction phase services, or grant administration as part of this agreement. Appendix A- Scope of Services 1 of 3 Airport Operations Area Perimeter Fence Garver Project No. 15181171 EXHIBIT "A" Page 1 of 6 • 2.4.1 Utility Coordination Garver shall coordinate among all known affected utility owners and will include information on the impact of these utilities in the preliminary engineering report. 2.4.2 Environmental Services The preliminary engineering report will include the identification of required environmental coordination, necessary for the Owner,for FAA projects. Garver will not provide environmental services including, but not limited to, services such as identification of potential wetlands, environmental handling and documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items, or coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. 2.4.3 Drainage Study Formal drainage studies, such as hydrologic modeling using HEC-HMS and hydrologic analyses of the project's drainage basin will not be part of Garver's services. Recommendations for various drainage improvements required will be selected by Garver as permitted in the Owner's Drainage Criteria Manual. Because the proposed improvements are anticipated to mirror a similar footprint and layout of the existing fencing, a new drainage study will not be performed. Drainage improvements recommended in the preliminary engineering report will include those that leave the drainage area/structures at an equal to or greater condition. 2.5 Property Acquisition Documents Not used. 2.6 Bidding Services Not used. 2.7 Construction Phase Services Not used. 2.8 Project Deliverables The following will be submitted as indicated, by Garver: 1. One(1)digital copy(including CAD files)of the existing conditions/survey files to the City of Corpus Christi Department of Aviation. 2. One(1)digital copy of the Preliminary Engineering Report to both the FAA and the City of Corpus Christi Department of Aviation. 3. Three(3) paper copies of the Preliminary Engineering Report to both the FAA and City of Corpus Christi Department of Aviation. 4. Electronic files as requested. 2.9 Extra Work Appendix A- Scope of Services 2 of 3 Airport Operations Area Perimeter Fence Garver Project No. 15181171 EXHIBIT "A" Page 2 of 6 • The following items are not included under this agreement but will be considered as extra work: 1. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. 2. Submittals or deliverables in addition to those listed herein. 3. Design of any utilities relocation. 4. Analysis of airspace and submittal of 7460 form. 5. Preparation of construction phasing plans and details. (Recommendations for construction phasing will be provided in the report narrative. Phasing plans and details will be developed in a separate agreement.) 6. Retaining walls or other significant structural design. 7. Street lighting or other electrical design not related to the access control or security improvements for the perimeter gates at CCIA. 8. Preparation of a Storm Water Pollution Prevention Plan (SWPPP). Subsequent construction contract documents (as part of design in a separate agreement) will require the Contractor to prepare, maintain, and submit a SWPPP to TCEQ. 9. Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically(culturally) significant items. 10. Coordination with FEMA and preparation/submittal of a CLOMR and/or LOMR. Extra Work will be as directed by the Owner in writing for an additional fee as agreed upon by the Owner and Garver. 2.10 Schedule Garver shall begin work under this Agreement within ten (10) days of a Notice to Proceed from the Owner and shall complete the work in accordance with the schedule to be submitted with the scope of services provided in a future task order for design, bidding, and construction phase services, as part of Garver's master service agreement for professional services at CCIA. Appendix A- Scope of Services 3 of 3 Airport Operations Area Perimeter Fence Garver Project No. 15181171 EXHIBIT "A" Page 3 of 6 APPENDIX B Airport Operations Area Perimeter Fence Garver Hourly Rate Schedule Classification Rates Engineers/Architects E-1 $ 109.00 E-2 $ 130.00 E-3 $ 152.00 E-4 $ 181.00 E-5 $ 223.00 E-6 $ 276.00 E-7 $ 338-00 Planners/Environmental�ialist P-1 $ 133.00 P-2 $ 158.00 P-3 $ 204.00 Designers D-1 $ 99.00 D-2 $ 112.00 D-3 $ 133.00 D-4 $ 156.00 Technicians T-1 $ 84.00 T-2... $ 115.00 T-3 $ 125.00 Surveyors S-1 $ 52.00 S-2 $ 62.00 S-3 $ 86.00 S-4 $ 119.00 S-5 $ 158.00 S-6 $ 184.00 2-Man Crew(Survey) $ 201.00 3-Man Crew(Survey) $ 245.00 2-Man Crew(GPS Survey) $ 238.00 3-Man Crew(GPS Survey) $ 281.00 Construction Observation C-1 $ 93.00 C-2 $ 117.00 C-3 $ 143.00 C-4 $ 184.00 Management/Administration M-1 $ 338.00 X-1 $ 63.00 X-2 $ 81.00 X-3 $ 130.00 X-4... $ 153.00 X-5 $ 183 00 X-6 $ 217.00 Agreement for Professional Services Airport Operations Area Perimeter Fence Garver Project No.15181171 EXHIBIT "A" Page 4 of 6 APPENDIX B CITY OF CORPUS CHRISTI AIRPORT OPERATIONS AREA PERIMETER FENCING FEE SUMMARY Title I Services Estimated Fees Surveying Services(LNV, Inc.) $2,100.00 Preliminary Engineering Report $32,800.00 Subtotal for Title I Services $34,900.00 • L\2015\15181171-CCIA Operations Area Perimeter Fence\Contracts\CIient\Draft\Administrative Agreement\APPENDIX B-15181171 Garver Fee Spreadsheet(AA)2015-11-10-Rev. 1 EXHIBIT"A" Page 5 of 6 APPENDIX B CITY OF CORPUS CHRISTI AIRPORT OPERATIONS AREA PERIMETER FENCING Preliminary Engineering Report WORK TASK DESCRIPTION E-8 E-4 E-3 E-1 T-2 C-2 X-1 hr hr hr hr hr hr hr 1. Civil Engineering 2 1 Coordination wllh Sponsor Coordination with FAA 2 1 Coordination with SUbconauitaros 4 1 Coordination with Security Systems Manufacturers 1 Project Scoping Meeting 8 8 Detailed Project Scope Development 2 Preparation for and Attendance to Project lOctkotf Meeting/Site Visit 8 8 2 Preparation for and Attendance In Internal Team Design Kicked Meeting 2 1 Records Review and Research(Inducing Existing Record Drawings and Hwy ROW Information) 1 2 Inventory and Mapping of Existing Gates 1 2 5 Gale Improvement Options 1 2 4 Pn6n nary Engineering Letter Report Executive Summary 1 1 Background and History 1 Listing of Applicable AIP Standards and Design Guidance 1 Airport Operational Safety 1 2 Environmental Considerations 1 Phasing Considerations 1 Fencing and Gate Improvement Options 1 4 Utility Impacts in Umds of Construction 1 2 Recommendations for Design 1 2 Sponsor Requested Modacadons to Standards and Delineation of MP Non-Participating Work 1 Engineers Estimate of Probable Cost 1 4 ' Appendices and Ehhbds 1 2 4 4 Market Survey of Materials Costs with Contractors 1 1 Assemble Report Information and Develop initial Draft 2 2 . Quality Control Review 1 2 2 Finalize Report 1 4 2 Reproduction and Delivery of PER to Owner and FAA 1 4 1 Subtotal-Civil Engineering 23 43 0 48 13 2 1 2. Electrical Engineering Coordination with Project Manager 1 1 Coordination with Local Utility Provider 1 Coordination with Suboonsulants 1 Coordination with Gate Manufactrers 1 Coordination with Security Systems Manufacturers 2 Preparation for and Attendance to Project Kickoff Meeting/Site Visit 8 2 Preparation for and Attendance to Internal Design Kickoff Teleconference(Garver and Subconsultants) 1 1 PreYndnary Engineering Report Fencing and Gate Improvement Options 1 3 5 Fber Optic Network Conceptual Layout 2 3 CCTV System Analysis 1 2 3 Utility krpacls in Units of Construction 2 3 Recommendations for Design 1 3 Deuteadon of AIP Non-Participating Work 1 Engineer's Estimate of Probable Cost 1 2 Appendices and Exhibits 1 3 Market Survey of Materiels Costs with Contractors 2 Assemble Report Information and Develop Initial Draft 1 2 Cuddy Control Review 1 2 Finalize Report 1 2 - Subtotal-Electrical Engineering 3 0 32 32 0 0 0 Hours 26 43 32 80 13 2 1 Salary Costs $7,176 57,783 $4,884 $8,720 31,495 $234 $83.00 SUBTOTAL-SALARIES: $30,335'00 DIRECT NON-LABOR EXPENSES Document Prindrg/ReproduWonlAesembly $120.00 PostagelFreight'Couder $50.00 Office Supplies/Equipment $50.00 Computer ModetingSoftware Use $100.00 Travel Costs $2,145.00 SUBTOTAL-DIRECT NON-LABOR EXPENSES: 32,485.00 SUBTOTAL $32,800.00 SUBCONSULTANTSFEE: 30.00 TOTAL FEE: $32,800.00 EXHIBIT"A" Page 6 of 6 . . . , . SUPPLIER NUNIBER 'r0 BE ASSIGNEDt3YCITY- PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 171 12,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 question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Garver P.O. BOX: 3Ulu ciaylord Parkway, STREET ADDRESS: Ste 190 CITY: Frisco ZIP: 75034 FIRM IS: I. 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. I. 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) N/A 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 N/A 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 N/A 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: Frank McI1lwain Title: Vice President (Type or Print) Signature of Certifying -71' Date: August 24 , 2 015 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.