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HomeMy WebLinkAboutC2015-504 - 12/21/2015 - NA CITY OF CORPUS CHRISTI AMENDMENT NO. 1 TO 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 HDR Engineering, Inc., a Texas corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer—A/E), hereby agree as follows: Original Contract July 23, 2015 Administratively Authorized $25,000.00 This amendment adds, deletes and/or modifies language in the original contract as agreed upon by both the City and HDR. 1. SCOPE OF PROJECT On Call Beach Maintenance Assistance —The project includes: • Technical assistance with annual reports generated by the City. • Coordination with the USACE regarding implementation of the City's permit. • Coordination with the resource agencies regarding implementation of the City's permit. • Assistance with pursuing modifications and/or extension of the City's permit. • Assistance with grant preparation and addressing coastal issues. 2. SCOPE OF SERVICES The NE hereby agrees to perform engineering services necessary to complete the scope of work described in Exhibit "A". In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services 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 .. .. ' __ L_ 5-- .eed from the Director of Engineering Services. Work will not 2015-504 Additional Services until requested in writing by the NE and 12/21/15 Contract for Professional Services Page 1 of 7 HDR Engineering Inc. ,RKS\ON CALL ASSISTANCE BEACH MAINTENANCE\AMENDMENT NO 1\1 AMENDMENT NO 1 REVISED.DOC1 NcC • 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 requires an additional fee. 4. FEE The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee of $0.00, for a total fee that remains unchanged in the amount of $25,000.00. 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, lents^crTdirectors 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 and/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. Contract for Professional Services Page 2 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\ON CALL ASSISTANCE BEACH MAINTENANCE\AMENDMENT NO.1\1 AMENDMENT NO.1 REVISED.DOCX 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. 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 Contract for Professional Services Page 3 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\ON CALL ASSISTANCE BEACH MAINTENANCEVAMENDMENT NO.1\1 AMENDMENT NO.1 REVISED.DOCX 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. 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 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, vetunteeFs, 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 Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\ON CALL ASSISTANCE BEACH MAINTENANCE\AMENDMENT NO.1\1 AMENDMENT NO.1 REVISED.DOCX 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 A/E's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order NE to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to NE hereunder until NE demonstrates compliance with the requirements hereof. 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. Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\ON CALL ASSISTANCE BEACH MAINTENANCE\AMENDMENT NO.1\1 AMENDMENT NO.1 REVISED.DOCX 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. 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 A/E 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, A/E's Scope of Services, or contained in any other document prepared by A/E and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\ON CALL ASSISTANCE BEACH MAINTENANCE\AMENDMENT NO.1\1 AMENDMENT NO.1 REVISED DOCX CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. I 1 1 ie H. Gra , P.E. Date Arthur B. Colwell, P.E. Date E -cutive Direc or of Public •rks Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, Texas 78401-0850 (361) 696-3300 Office RECOMMEAP �-` - .e... Y2, 4 .H. Edmonds, P.E. Date Director ► Engineering Services e,A J'C , Operati .• Ae.'rtment Date APPOVED AS TO LEGAL FORM 0', ' 12 )9-15 ,*al Department Date APPROVED Office of Management Da;/ and Budget Fund Name Accounting Unit Account No. Activity No Amount Beach O&M 1020-12940-141 530000 (NO VALUE) $0.00 Contract for Professional Services Page 7 of 7 KIENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\ON CALL ASSISTANCE BEACH MAINTENANCE\AMENDMENT NO 1\1 AMENDMENT NO.1 REVISED DOCX • May 14, 2015 98334 (Rev. 2) Ms. Stacie Talbert-Anaya Interim Director City of Corpus Christi, Parks and Recreation Department P.O. Box 9277 Corpus Christi. TX 78469 RE: PROPOSAL FOR ON-CALL ASSISTANCE WITH CITY OF CORPUS CHRISTI'S BEACH MAINTENANCE PROGRAM Dear Stacie: Thank you for the opportunity to have assisted the City of Corpus Christi with conducting five years of monitoring of the City's beaches (as required by the City's beach maintenance permit from the US Army Corps of Engineers (USAGE)) and, most recently, with coordination of the modification and extension of the City's existing USAGE permit. Recently, USACE issued the modified and extended beach maintenance permit to the City. However, considering that periodic coordination with the USACE and/or resource agencies is likely to continue, and given that a new request for extension of this permit will be required after five years, the City has expressed interest in establishing an on-call arrangement whereby HDR would be available to provide regulatory assistance on an as needed basis. In addition, HDR has previously provided assistance to the City in preparing grant applications on other beach related issues. As a result, the City has requested that the on-call agreement also include tasks oriented towards assisting staff with on-going beach and coastal issues. I. SCOPE OF WORK The Scope of Work for this on-call assistance may include the following tasks: • Technical assistance with annual reports generated by the City. While the habitat monitoring and reporting requirements will likely be waived under the extended permit, the City will likely still be obligated to generate an Annual Turtle Monitoring Plan Report, Annual Turtle Monitoring Follow-up Report, and an Annual Summary Report. HDR will be available to provide technical support to the City in its generation and production of these reports. • Coordination with the USACE regarding implementation of the City's permit. If questions arise about the City's interpretation and/or implementation of its USACE permit, HDR will facilitate coordination between the City and the USACE. hdrinc.com 555 N.Carancahua,Suite 160; Corpus Christi,TX 78401 T 361-696-3300 F 361-696-3385 EXHIBIT"A" Page 1 of 3 Ms. Stacie Talbert-Anaya 98334 (Rev.2) May 14, 2015 Page 2 of 2 • Coordination with the resource agencies regarding implementation of the City's permit. HDR will facilitate coordination between the City and US Fish and Wildlife Service, Texas Parks and Wildlife Department, and/or other resource agencies if a take of a listed species occurs and/or if changes in the listed status of species necessitate re-coordination of the City's permit. V • Assistance in pursuing modifications and/or extension of the City's permit. HDR will assist the City in seeking regulatory authorization for changes to and/or extension of its USACE permit. • Assistance with grant preparation and addressing coastal issues. HDR will assist the City with technical information, conceptual budgets, and information on coastal processes in order to assist the City with preparation of grant applications or project development. ll. BUDGET AND NEXT STEPS We propose to conduct the above Scope of Work on a time and materials basis in accordance with our Schedule of Rates (No. 1-15, subject to adjustment in January of each year) . Our fee estimate of S25,000 is not a guaranteed maximum and will not be exceeded without authorization from the City. Thank you again for the opportunity to submit this proposal. We are looking forward to continuing to work with the City on this project. If you are in agreement with the proposed Scope of Work, Schedule of Rates No. 1-15, sub'ect to adjustment in January of each year) please let us know how we can assist you with developing a contract document for these services. Please call me directly anytime at (361) 696-3344 if you would like to discuss this further. Sincerely, HDR ENGINEERING, INC Dan Heilman, P.E. Arthur B. Colwell, P.E. Coastal Section Leader Vice President/Managing Principal DJH/jcm Enclosures: Schedule of Rates (No. 1-15) 555 N.Carancahua,Suite 1600,Corpus Christi.TX 78401 T 361.690.3300 hdrinc.com EXHIBIT"A" Page 2 of 3 F)7 No. 1-I SCHEDULE OF RATES ..re eft..,,.._tn:ouch l)ecein r 21)I5 PROFESSIONAL STAFF HOURLY RATE PARA-PROFESSIONAL STAFF HOURLY RATE Enuincer E Si I3.50 Administrative Assistan' 582.51) Engineer II SI 24.00 Drafter 585.00 Engineer III S 139.5( Technician I 598.00 Engineer IV 5155.00 Technician it S l 1 1.00 Fnreinecr V S 170.50 Technician 111 SI24.00 Engineer VI S 191.00 Designer Tech IV S137.00 Engineer VII S211.50 EQUIP 1ENT/IT Engineer VIII S')11.50 GPS RTK Survey Equipment ....250.00'Day Principal Engineer S253•00 GPS Rand Held(Sub Meter) 135.00.Day Sr. Principal Enuincer 5273.50 Tow Vehicle .65.00%dav— IRS rate 10`;.L Program Director 5?14.50 Survey I3oat 750.00.!Day Project Biologist%GIS Specialist S134.00 , GIS Ilydrographic Survey Equip '750.00/Day Environmental Biologist S155.00 Acoustic Doppler Velocimeter(ADV)....1,000.00/\Vk Sr. Environmental Biologist 5175,50 � Nater Level Logger 300.00/W k Environmental Manager S 196.00 IT Equip/Services 3.70111r EXPENSES Automobile(other than rental car) .IRS rate+ 10% In house reproduction prevailing commercial rates Outside consultants cost plus 15%handling Outside technical services cost plus 15%handling All other expenses cost plus 15% handling I. Char es are due and payable within thirty(30)clays of receipt of the invoice. 2. Construction a ministration staff will be billed at an equivalent grade,depending upon qualifications. 3. Unlisted scientists and other non-engineer professionals will be billed at the rate of a comparable engineer grade. 4. Overtime for para-professional and non-registered survey staff will be billed at 125%of the hourly rate and overtime will apply for hours worked in excess of S hours per day or 40 per week. 5. Time spent preparing for and providing depositions or courtroom testimony will be billed at 150%of the hourly rate. hdrinc.com EXHIBIT"A" 555 N Caranhua Phone(361)696-3300 Page 3 of 3 n Suite 1600 Fax(361)696.3385 Corpus Christi.TX 78401.0850 w .v.hdrinc.corn Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% 0 & M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% . 111 17 X M o0 o ; -w • SUPPLIER NUMBER TO BE ASSIGNED BY CI1 PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corps DISCLOSURE OF INTEREST Chnsti City of Corpus Christi Ordinance 1 71 12, as amended, requires all persons or firms seeking to do business with the_Cit)to provide the following information. IEiery,aeStionlmus[il tswereo attire u <7on inititcapplt+ tl� arfswetiWith, �iy_ See reverse side for'FiliFgg`Requirements, Certifications and definitions. COMPANY NAME: HDP. Engineering, Inc. P.O. BOX: STREET ADDRESS: 555 N.Carancahua,Suite 1600 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation X 2. Partnership 3. Sole Owner ❑ 4. Association ❑ 5. Other DISCLOSURE QUESTIONS additional space is necessary, please use the reverse side of this page or attach separate sheet. 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.' NameN/A Job Title and City Department(if known) 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//A Title Ii 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,45/.4 — J Board,Commission or Committee *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�iq Consultant EXHIBIT "D" Page 1 of 2 • FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writingto the City official, employee or body that has been requested to act in the matter, unless te 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 1 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: Arthur B. Colwell,P. E. Title: Vice President (Type or Print) a, �,of;Certifying`l, :1 i•fr ✓�� d' 7 '/5 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies,or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "D" Page 2 of 2