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HomeMy WebLinkAboutC2015-503 - 12/22/2015 - NA 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 Reconstruct Air Carrier Ramo (Project No. E15223) — The project includes the replacement of approximately 90,000 square yards of paving. 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. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The 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 reN,,,,oc+o,4 rGAhIirCC an additional fee. 2015-503 INDEXED 12/22/15 Contract for Professional Services Page 1 of 7 Garver LLC -....tPORT\E15223-CCIA RECONSTRUCT AIR CARRIER RAMP\1 CONTRACT FOR PROFESSIONAL SERVICES.DOCX The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $34,700.00 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 A/E 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\E15223-CCIA RECONSTRUCT AIR CARRIER RAMP k1 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 3 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\AIRPORT\E15223-CCIA RECONSTRUCT AIR CARRIER RAMP\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. 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. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\AIRPORT\E15223-CCIA RECONSTRUCT AIR CARRIER RAMP\1 CONTRACT FOR PROFESSIONAL SERVICES DOCX , 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 signed and sealed by a professional engineer prior to re-use of modified plans. Contract for Professional Services Page 5of7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJVAIRPORT\E15223-CCIA RECONSTRUCT AIR CARRIER RAMP\1 CONTRACT FOR PROFESSIONAL SERVICES DOCX 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. • • 2 -.221 i,410 ` 7 Gus eonzalez, P.-. Date Frank Mclllwain, P.E. Date Assi ant City Manger Vice President Public Works and Utilities 3020 Gaylord Parkway, Suite 190 Frisco, Texas 75034 (214) 916-9022 Office RECOMMENDED ` Contract for Professional Services Page 6 of 7 K\ENGINEERING DATAEXCHANGE\CLARISSAJ\AIRPORT\E15223-CCIA RECONSTRUCT AIR CARRIER RAMP\1 CONTRACT FOR PROFESSIONAL SERVICES DOCX • y� Vali- H. Gra P. . Date T t2 ...? Exe• tive Director • Public Works " ,/1(15". Fred Segu Da Director of Aviation APP OVED AS TO LEGAL FORM I2 1/45 gal Department Date APPO ED I r Office of Management Di and Budget Fund Name Accounting Unit Account No. Activity No. Account Category Amount Airport CIP 3026-274 550950 E152231553026D 50950 $34,700.00 Total $34,0.00 Contract for Professional Services Page 7 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\AIRPORT\E15223-CCIA RECONSTRUCT AIR CARRIER RAMP\1 CONTRACT FOR PROFESSIONAL SERVICES DOCX APPENDIX A SCOPE OF SERVICES CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS 2.1 General Generally, the scope of services includes a geotechnical investigation and preparation of an engineer's report to provide pavement improvement recommendations and an engineer's opinion of probable project cost for the Terminal Apron Improvements' project at the Corpus Christi International Airport. 2.2 Surveys 2.2.1 Design Surveys Not used. 2.2.2 Property Surveys Not used. 2.3 Geotechnical Services Garver will be responsible for obtaining, interpreting, and evaluating geotechnical data necessary for the development of the engineer's report. The information provided by the geotechnical report will include information to be utilized in the preliminary and final design that will be part of a separate agreement. 2.4 Engineering Report Garver will serve as the Owner's representative in the development of an engineer's report for the project and furnish consultation and advice to the Owner during the performance of this service. Garver will attend a project kickoff meeting/site visit 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 perform field survey and determine Pavement Condition Index (PCI) rating for the project pavement area. Garver will prepare an engineer's report and submit copies to the Owner and FAA in the number presented in Section 2.8. The engineer's report will include recommendations for the improvement of the terminal apron pavement, within the limits identified in Appendix C, and an opinion of probable project cost. Garver will not perform the development of a preliminary engineering report, preliminary design, final design, bidding services, construction phase services, or grant administration as part of this agreement. 2.4.1 Utility Coordination Not Used_ Appendix A -Scope of Services 1 of 3 Terminal Apron Improvements Garver Project No. 15181172 EXHIBIT "A" Page 1 of 6 2.4.2 Environmental Services Garver will not provide environmental services including, but not limited to, identification of required environmental coordination, necessary for the Owner, for FAA projects, 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. Drainage improvements required will be selected by Garver as permitted in the Owner's Drainage Criteria Manual. Because the proposed apron improvements are anticipated to mirror a similar footprint and layout of the existing terminal apron pavement, drainage improvements recommended in the preliminary engineer's report will include those that leave the existing 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 of the geotechnical investigation report to the City of Corpus Christi Department of Aviation. 2. One(1)digital copy of the Engineer's Report to both the FAA and the City of Corpus Christi Department of Aviation. 3. Three(3) paper copies of the Engineer's Report to both the FAA and City of Corpus Christi Department of Aviation. 4. Electronic files as requested. 2.9 Extra Work The following items are not included under this agreement but will be considered as extra work: 1. Preparation of an FAA Preliminary Engineering Report. (The report provided as part of this agreement will provide recommendation of improvements to the existing pavement and preparation of an engineer's opinion of probable project cost.) Preparation of preliminary design,final design, bidding services, construction support services, and grant administration. 2. Air spacing analysis and FAA 7460 submittal. Appendix A-Scope of Services 2 of 3 Terminal Apron Improvements Garver Project No. 15181172 EXHIBIT "A" Page 2 of 6 GARVER 3. Analysis and recommendations for airport operational safety and project phasing. 4. Conferences for review of the engineer's report and coordination conferences of interested agencies and utilities. 5. Redesign for the Owner's convenience or due to changed conditions after previous alternate direction and/or approval. 6. Submittals or deliverables in addition to those listed herein. 7. Design of any utilities relocation. 8. Retaining walls or other significant structural design. 9. Street lighting or other electrical design. 10. Preparation of a Storm Water Pollution Prevention Plan (SWPPP), Environmental Handling and Documentation, including wetlands identification or mitigation plans or other work related to environmentally or historically (culturally) significant items. 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 provided in Appendix D. Appendix A- Scope of Services 3 of 3 Terminal Apron Improvements Garver Project No. 15181172 EXHIBIT"A" Page 3 of 6 CARVER APPENDIX B Terminal Apron Improvements 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 Specialist 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 Terminal Apron Improvements Garver Project No.15181172 EXHIBIT "A" Page 4 of 6 • • APPENDIX B CITY OF CORPUS CHRISTI TERMINAL APRON IMPROVEMENTS FEE SUMMARY Title I Services Estimated Fees Geotechnical Services(Rock Engineering&Testing Laboratory,Inc.) $21,400.00 Engineer's Report $13,300.00 Subtotal for Title I Services ;34,700.00 L1201515181172-CCIA Terminal Apron ImprovementaContracts\Client1Draft1Administrative Agreement\APPENDIX B-15181172 Garver Fee Spreadsheet(AA)2015-11-10 EXHIBIT"A" Page 5 of 6 .• tee . / 1 APPENDIX B CITY OF CORPUS CHRISTI TERMINAL APRON IMPROVEMENTS Engineers Report WORK TASK DESCRIPTION E-6 E-4 E-3 E-1 T-2 C-2 X-1 hr hr hr hr hr hr hr 1. Chit Engineering Coordination with Sponsor 2 Coordination with FM 2 Coordination with Suboonsultants 2 Preparation for and Perform PCI survey and PCI calculations 8 8 2 Records Review and Research 1 2 Engineer's Report Executive Summary 1 Backgraad and History 1 Listing of Applicable AIP Standards and Design Guidance 1 Alvan Fleet Mix Analysis 0.5 1 Pavement Design 0.5 1 4 Recommendations for Pavement Improvements 1 4 Engineers Estimate of Probable Cost 1 4 Appendices and Eid iblts 1 2 4 Market Surrey of Materlals Costs with Contractors 1 2 Assemble Report Information and Develop Initial Draft 2 Crustily Control Review 1 2 Implement OC Comments and Finalize Report 1 4 Reproduction and Delivery of Report to Owner and FM 1 4 2 Subtotal-Clive Engineering 14 19 0 35 4 0 2 Hours 14 19 0 36 4 0 2 Salary Costs $3,884 $3,439 $0 $3,815 $460 $0 $126.00 SUBTOTAL-SALARIES: $11,704.00 DIRECT NON-LABOR EXPENSES Document Printing/Reproduction/Assembly $96.00 Postage/Freight/Courier $50.00 Olfroe SupplleaIEquipment $50.00 Computer Modeling/Software Use $100.00 Travel Costs $1,300.00 SUBTOTAL-DIRECT NON-LABOR EXPENSES: $1,500.00 SUBTOTAL: $13,300.00 SUBCONSULTANTS FEE: $0.00 TOTAL FEE: $13,300.00 EXHIBIT"A" Page 6 of 6 PROJECT NAME Project No. EXXXX ( 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 $0 $0 $0 $0 $0 $0 $0 0% Design Phase 0 0 0 0 $0 0 0 0% Bid Phase 0 0 0 0 0 0 0 0% Report Phase 0 0 0 0 0 0 0 0% Construction Phase 0 0 0 0 0 0 0 0% Subtotal Basic Services $0 $0 $0 $0 $0 $0 $0 0% Additional Services: Permitting $0 $0 $0 $0 $0 $0 $0 0% Warranty Phase 0 0 0 0 0 0 0 0% Inspection 0 0 0 0 0 0 0 0% Platting Survey 0 0 0 0 0 0 0 0% Reporting 0 0 0 0 0 0 0 0% O & M Manuals TBD TBD TBD TBD TBD TBD 0 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $0 $0 $0 $0 $0 $0 $0 0% Summary of Fees Basic Services Fees $0 $0 $0 $0 $0 $0 $0 0% Additional Services Fees 0 0 0 0 0 0 0 0% Total of Fees $0 $0 $0 $0 $0 $0 $0 0% '13m A) x fD IS - . o - • SUPPLIER NUMBER r0 BE ASSIGNED t3YCITV— PURCHASING DIVISION `"M City of CITY OF CORPUS CHRISTI Corpus 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. 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: Garver P.O.BOX: .3010 "Gaylord 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 genera]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 Mclllwain Title: Vice President (Type or Print) Signature of Certifying .71 flag. Date: August 24, 201S 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.