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HomeMy WebLinkAboutC2015-509 - 12/29/2015 - 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 HDR Engineering, Inc., a Texas corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Architect/Engineer—NE), hereby agree as follows: 1. SCOPE OF PROJECT Chaparral Street-Phase 2 Downtown Development Master Plan (Project No. E15107) — The project will continue the Chaparral Street Improvements from Schatzel Street to Taylor Street with minor modifications. This will include new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, street pavement. New trees, shrubs, irrigation, landscape lighting and other amenities are also included. 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 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 fn= 2015-509 12/29/15 Contract for Professional Services Page 1 of 7 EET\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLAN\2015-1020 OLD INDEXED HDR Engineering Inc. IED DOC 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 $49,895.00. 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, 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 and/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 A/E 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 A/E 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\ANGIEM\STREET\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLAN\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES-MODIFIED.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 DATAEXCHANGEWNGIEM\STREET\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLAN\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES-MODIFIED.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 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, 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 DATAEXCHANGE\ANGIEM\STREET\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLAN\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES-MODIFIED.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 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 5 of 7 K\ENGINEERING DATAEXCHANGE\ANGIEM\STREET\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLAN\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES-MODIFIED.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/govern ment/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 HDR ENGINEERING, INC. eatnei 'ab /t5 if•2¢ r, Ron L. Ison Date Arthur B. Colwell, P.E. Date City Manager Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696-3300 Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLAN\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES-MODIFIED.DOC • • REC MEND Gust vo Gonzal z, P.E. Date Assis ant City Manager of Pu• c - or.s . �d tilities iii a r7 /c- Val-• H. Gr. , P.; . ria e Exec•tive Direc or uuf Pu•li Works Operating Departme ( Da e APPROVED AS TO LEGAL FORM 2K,i/, la-i t c L al Department 'y Date APP- •VED Rig y Project No. E15107 sffice of Management DO Accounting Unit: 3551-051 and Budget Account: 550950 Activity: E15107013551 EXP Account Category: 50950 ATTEST Fund Name: Street CIP BOND 014 tjl-C4,t4. Encumbrance No. 44#42 `h"` Rebecca Huerta Date City Secretary 1 /(04.(0 Contract for Professional Services Page 7 of 7 K\ENGINEERING DATAEXCHANGEV\NGIEM\STREET\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLAN\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES-MODIFIED.DOC October 26,2015 P94826 Mr.Jeff H. Edmonds,P.E.,Director of Engineering Services City Of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 RE:Small A/E Contract for Chaparral Street—Phase 2 Downtown Development Master Plan City of Corpus Christi Project No.E15107 Dear Mr. Edmonds, Thank you for the opportunity to partner with the City of Corpus Christi in the design development of Chaparral Street—Phase 2 Downtown Development Master Plan (Schatzel to Taylor). This project will continue the Chaparral Street improvements form Schatzel Street to Taylor Street with minor modifications. This will include new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, and street pavement. New trees, shrubs, irrigation, landscape lighting and other amenities are also included. Minor modifications will include, contingent upon the project budget, pavement resurfacing with pavement markings from IH 37 Northbound to Coopers Alley Street. Additional minor modifications will include,contingent upon the project budget, pavement resurfacing with pavement markings of Peoples Street, Lawrence Street,and Schatzel Street from Mesquite Street to Water Street. In the preliminary scoping meeting held at City Hall on August 12, 2015,the City requested a small A/E proposal from HDR to compile a Draft Preliminary Engineering Letter Report(Draft ELR)for the project. The following serves as the scope of services to develop the Draft ELR: SCOPE OF SERVICES HDR proposes to provide the following services: hdrinc.corn 555 N.Carancahua,Suite 1600,Corpus Christi,TX 78401-0849 P Texas P.E.Firm Registration No.754 (3611696-3300 EXHIBIT"A" Page 1 of 5 Mr.1.H.Edmonds,P.E. NE Contract for Chaparral Street P94826 Phase 2 Downtown Development Master Plan Data Collection 1. HDR will request and use the City's Record Plans, Reports, and GIS Database to establish existing utilities and existing Right-of-Way (ROW) within the project limits. Existing utilities include water lines,sanitary sewer lines, storm water lines, gas lines,traffic electrical conduit, and MIS conduit. 2. HDR will visit the site and take pictures of existing conditions. 3. HDR will coordinate, in concurrence with City staff, with franchise utilities to obtain preliminary information on which franchise utilities are within the project limits. Existing franchise utilities may include AEP duct banks and lighting, AT&T duct banks and cable, Time Warner cable,and Grande Communications cable. 4. The City will provide HDR with City Record Plans, City Reports, and City GIS database files as requested by HDR. Draft ELR(Base Condition Limits) 1. HDR will develop a Draft ELR which summarizes a recommended street section for the Chaparral Street Improvement project. HDR will perform preliminary geometry analysis to verify applicability of the proposed street section. The Draft ELR will not include a reference to a Geotechnical Research report nor a recommended pavement section. The Draft ELR will not include a Life Cycle Cost Analysis. 2. HDR will include,as part of the Draft ELR,a summary of the existing constraints which includes City utilities,franchise utilities,and existing ROW. 3. HDR will include,as part of the Draft ELR, recommended horizontal locations for proposed City water line, sanitary sewer line,storm water lines,gas line, and MIS conduit. HDR will perform preliminary calculations and analysis to size a proposed storm water sewer line. HDR will refer 555 N.Carancahua,Suite 1600,Corpus Christi,TX 78401-0849 Texas P.E.Firm Registration No.754 (361)696-3300 Page 2 of 5 EXHIBIT"A" Page 2 of 5 Mr.J.H.Edmonds,P.E. A/E Contract for Chaparral Street P94826 Phase 2 Downtown Development Master Plan to the City's master plan and coordinate with City Departments to size a proposed water line,a proposed sanitary sewer line,proposed gas line,and proposed MIS conduit size. 4. HDR will include, as part of the Draft ELR, a preliminary striping plan for the Chaparral Street Improvement Project from IH 37 Northbound to Coopers Alley Street. HDR will research pavement resurface options from IH-37 to Taylor Street and from William Street to Coopers Alley Street. 5. HDR will include,as part of the Draft ELR,considerations for a landscaping and irrigation plan. 6. HDR will include, as part of the Draft ELR, considerations for a lighting plan from Schatzell Street to Taylor Street. 7. HDR will develop a 1" = 100' scale 11 x 17 strip map for the Chaparral Street Improvement project. 8. HDR will develop an Opinion of Probable Construction Cost for the base condition project limits. Draft ELR(Additional Minor Modifications) 1. HDR will coordinate with City of Corpus Christi staff to identify the lane configuration for Peoples Street, Lawrence Street,and Schatzell Street within the additional project limits. HDR will develop a striping plan for these streets based upon the lane configuration identified through this coordination. 2. HDR will research pavement resurface and striping options to facilitate the restriping of Peoples Street,Lawrence Street,and Schatzell Street within the additional project limits. 3. HDR will develop an Opinion of Probable Construction Cost for the additional minor modification project limits. 555 N.Carancahua,Suite 1600,Corpus Christi,TX 78401-0849 Texas P.E.Firm Registration No.754 (361)696-3300 Page 3 of 5 EXHIBIT"A" Page 3 of 5 Mr.J.H.Edmonds,P.E. A/E Contract for Chaparral Street P94826 Phase 2 Downtown Development Master Plan FEE, DELIVERABLES,AND SCHEDULE HDR proposes to provide the services listed below for a lump-sum fee of $49,895. We-propose-tor •• •. . . . - Any work outside the proposed Scope will be added,with authorization from the City,through a formal Scope Change Document and associated fee agreement. Any change to the proposed contract terms may change the proposed lump-sum fee and proposed scope of services. This proposal is valid for 45 days from the date of this letter. Draft ELR Preliminary Phase Deliverables • Preliminary Street Section • Summary of Existing Constraints (Utilities and ROW) • Existing and Proposed Utility Due Diligence • Preliminary Striping Plan • Pavement Resurface Alternatives(Areas Outside of Taylor and Schatzell) • Preliminary Landscaping and Irrigation Plan considerations • Preliminary Lighting Plan considerations • 1"=100'scale 11 X 17 size Strip Map for project limits • Preliminary Opinion of Probable Construction Cost(Base and Minor Modifications) Draft ELR Schedule Pre-Final Submittal 5 weeks from Notice to Proceed City Review 1 week from Pre-Final Submittal Final Submittal 2 weeks from receipt of Review Comments Total 8 weeks 555 N.Carancahua,Suite 1600,Corpus Christi,Tx 78401-0849 Texas P.E.Firm Registration No.754 (361)696-3300 Page 4 of 5 EXHIBIT "A" Page 4 of 5 Mr.1.H.Edmonds,P.E. A/E Contract for Chaparral Street P94826 Phase 2 Downtown Development Master Plan Thank you again for considering us for this project. Please do not hesitate to contact Ricardo Pedraza, P.E.at 361-696-3309 if you have questions or require any additional information. Sincerely, HDR ENGINEERING, INC. zd771X47 . -+ _Ricardo Pedraza, P.E. Arthur B. Colwell, P.E. Project Manager Vice President/Managing Principal Cc: Jerry Shoemaker, P.E.,City of Corpus Christi Chris Hale, P.E.,City of Corpus Christi Carl Crull, P.E.,HDR 555 N.Carancahua,Suite 1600,Corpus Christi,TX 78401-0849 Texas P.E.Firm Registration No.754 (361)696-3300 Page 5 of 5 EXHIBIT"A" Page 5 of 5 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% 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% d = • CO i M W 1 • City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Chnsti 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.questionmust:be.answeredi tlf the'question is not-appltc ale, answer with N'A": See reverse side forFilingRequireinenfs, Certifications and definitions. COMPANY NAME: HDR 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 Cityof 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 i40) Title 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 '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/UfA Consultant 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 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) Signature of Certifying& da."40111et, ?.!5 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.