HomeMy WebLinkAboutC2015-510 - 12/21/2015 - 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 SCS Engineers, a
Virginia corporation, 1901 Central Drive, Suite 550, Bedford, Tarrant County, Texas 76021,
(Architect/Engineer—NE), hereby agree as follows:
1. SCOPE OF PROJECT
Air Reporting, GHG, and Inventory Related Services at J.C. Elliott 2016 (Proiect No.
El 5225) — This contract provides air-related TCEQ/EPA reporting requirements at J.C.
Elliott Landfill for calendar year 2016.
2. SCOPE OF SERVICES
The NE hereby agrees to perform design services necessary to review and prepare plans,
specifications, and bid and contract documents. In addition,NE will provide monthly status
updates (project progress or delays, gantt charts presented with monthly invoices) and
provide contract administration services, as described in Exhibit "A", to complete the
Project. Work will not begin on Additional Services until requested by the NE (provide
breakdown of costs, schedules), and written authorization is provided by the Director of
Engineering Services.
NE services will be "Services for Construction Projects"- (Basic Services for Construction
Projects")which are shown and are in accordance with"Professional Engineering Services-
A Guide to the Selection and Negotiation Process, 1993" a joint publication of the
Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For
purposes of this contract, certain services listed in this publication as Additional Services
will be considered as Basic Services.
3. ORDER OF SERVICES
The NE agrees to begin work on those authorized Basic Services for this contract upon
receipt of the Notice to Proceed from the Director of Engineering Services. Work will not
begin on any phase or any Additional Services until requested in writing by the NE and
written authorization is provided by the Director of Engineering Services. The anticipated
schedule of the preliminary phase, design phase, bid phase, and construction phase is
shown on Exhibit"A". This schedule is not to be inclusive of all additional time that may
be required for review by the City staff and may be amended by or with the concurrence of
the Director of Engineering Services.
The Director of Engineering Services may direct the NE to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase
of fee will be mutually agreed and evidenced in writing as an amendment to this contract.
NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested
requires an additional fee.
2015-510
12/21/15
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SCS En veers WASTE\E 225 IR REPORTING FONAC ELLIOTT FY 01 0 -10FOLD LD CONT CT R ESSIONAL INDEXED
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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 $10,900.00. Monthly invoices will be submitted in
accordance with Exhibit "B".
5. INDEMNITY
NE shall fully indemnify and hold harmless the City of Corpus Christi and its
officials, officers, agents, employees, volunteers, directors and representatives
("Indemnitee") from and against any and all claims, damages, liabilities or costs,
including reasonable attorney fees and defense costs,to the extent that the damage
is caused by or results from an act of negligence, intentional tort, intellectual
property infringement or failure to pay a subcontractor or supplier committed by NE
or its agent, NE under contract or another entity over which NE exercises control
while in the exercise of rights or performance of the duties under this agreement.
This indemnification does not apply to any liability resulting from the negligent acts
or omissions of the City or its employees, to the extent of such negligence.
If the liability results solely from the negligent acts or omissions of the NE, the NE
shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a
claim is based wholly or partly on the negligence of,fault of or breach of contract by
the City, the NE shall reimburse the City's reasonable attorney's fees in proportion
to the NE's liability.
NE must advise City in writing within 24 hours of any claim or demand against City
or NE known to 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 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
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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 A/E 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
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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, A/E 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
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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
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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.
CI OF C P ' RISTI S S E GINE
�� 17i2i/L5-
V. rie H. Gra P. . Date David fl)LTT .
ppaEDate
E -cutive Director +f Public Works Vice President
1901 Central Drive, Suite 550
Bedford, TX 76201
RECI MENDED (817) 571-2288
t en/ i ? .0i . 2_0 /c-
Operating Department Date
Contract for Professional Services
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APPROVED AS TO LEGAL FORM
„....A 2
'/- I Z-� —�5
ga Department '/gate
Project No. E15225
APPROVED Accounting Unit: 1020-12530-033
Account: 530000
Activity: E15225011020EXP
•. 1( ' l , b lc Account Category: 30000
Off Ce of anagementIa ' Fund Name: Solid Waste Operating
and Budget Encumbrance No.
ATTEST
7
? LQc
Rebecca Huerta Date
City Secretary 1 / 'V j c
Contract for Professional Services
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Solid Waste Management Consultants 1901 Central Drive 817 571-2288
and Contractors Suite 550 FAX 817 571-2188
Bedford, Texas 76021- 5872 www.scsen•ineers.com
SCS ENGINEERS
November 3, 2015
SCS Proposal No. 160232215
Mr. Lawrence Mikolajczyk
Solid Waste Director
City of Corpus Christi
1201 Leopard Street
Corpus Christi TX 78401
Subject: Air Reporting, GHG, and Inventory-Related Services for Calendar Year 2016
J.C. Elliott Landfill and Transfer Station
Air Curtain Incinerator
Corpus Christi, Texas
Dear Lawrence:
SCS Engineers is pleased to present this proposal to the City of Corpus Christi in order to provide
continued air compliance and reporting support services for calendar year 2016 at the J.C. Elliott
Landfill and Transfer Station and the City's air curtain incinerator (ACI). The proposed services
are meant to cover certain, known air-related reporting requirements for calendar year 2016. The
services included are as follows:
• Title V reporting for the landfill and ACI;
• TCEQ emissions inventory update and fee services for the landfill; and
• The calculation and reporting of Greenhouse Gas (GHG) emissions for the landfill in
accordance with the Federal mandatory GHG reporting rule.
The following sections provide more detail for each of these items.
SCOPE OF WORK
For each task below, SCS will track the requirement's timing, and work with the City in advance to
make sure all deadlines are met. This includes preparing paperwork, asking for any necessary
information, coordinating signatures, keeping up with the latest forms or new requirements, and
submitting them to the proper contacts within TCEQ. For each task, SCS will provide a draft copy
for City review and, once comments and signatures are received, provide copies to the City in
addition to any copies submitted to TCEQ.
Individual task descriptions are as follows:
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EXHIBIT"A"
Page 1 of 3
Mr. Lawrence Mikolajczyk
November 3, 2015
Page 2
Task 1 — J.C. Elliott Emissions Inventory Update/Fee Reporting
In 2015 a formal emissions inventory was filed for the landfill so that emissions fees could be paid
based on actual, not permitted emissions. This task will include updating this inventory and filing
the emissions fee remittance form in 2016 for calendar year 2015 emissions.
In January 2016, SCS will gather the information needed to estimate calendar year 2015 emissions
from the landfill. Some of this will overlap with the information needed to estimate GHG emissions
also. Upon receipt of the necessary information, SCS will prepare emissions spreadsheets and enter
these emissions into TCEQ's State of Texas Environmental Electronic Reporting System
(STEERS). Upon completion of entering the CY2015 data, SCS will provide the calculations in
PDF format for your review and work with you to address any comments and certify the STEERS
data on to TCEQ prior to the March 31, 2016 TCEQ deadline. We will upload pertinent
calculations into STEERS for TCEQ's reference.
In April the City will receive an emissions fee remittance form since the landfill holds a Title V
permit. Upon receipt of this form, SCS will complete it on the City's behalf, using the estimated
2015 emissions from the inventory. We will also estimate the amount that the City can be expected
to be invoiced for in November 2016.
Task 2 - J.C. Elliott Title V Reporting 2016
The landfill's Title V permit requires reporting in the form of two semi-annual deviation reports
each year and an annual compliance certification. For this task, SCS will prepare and file these
reports on behalf of the City (with City Responsible Official signatures). SCS will track the
required submittal deadlines and provide an information list for the City's review to affirm that no
known deviations have occurred. Any discovered deviations will be explained and included as such
in the Title V paperwork. Upon completion of all paperwork and receipt of the City's signature
page, SCS will transmit the appropriate paperwork to TCEQ and, for the annual certification, to
EPA.
Task 3 —J.C. Elliott Greenhouse Gas Reporting Services
As part of Task 3's services, SCS will prepare the required reporting associated with the Federal
mandatory GHG reporting rules for calendar year 2015 GHG emissions. This work includes the
preparation and submittal of the required GHG emissions estimates and associated information
required by the GHG reporting rule. The deadline for this submittal will be on March 31, 2016.
SCS will have much of the information necessary to complete the GHG emissions estimates based
on prior work. However, we will contact you regarding the additional information needed for the
2015 report. As was completed this past March, online reporting with our XML formatted
submittal will be used to file information related to the GHG reporting rule. SCS will work with the
City and enter all online information for the City's review and certification.
When the reporting has been completed, SCS will provide a memorandum for your files including
backup calculation spreadsheets and pertinent assumptions.
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Mr. Lawrence Mikolajczyk
November 3, 2015
Page 3
Task 4 —ACI Title V Reporting 2016
Task 4 is identical to Task 2 except that for the ACI, the Title V submittal will note that the
equipment has not yet been installed, pending the City's potential procurement of this equipment.
TCEQ recommended filing for the permit-by-rule and Title V permit for the ACI in advance of any
potential purchase such that, if an emergency requires such equipment be purchased, that the permit
would already be in place for the City.
FEE AND SCHEDULE
SCS proposes to provide the proposed services for a lump sum fee by task as follows:
Task 1 —J.C. Elliott Emissions Inventory Update/Fee Reporting $3,000
Task 2—J.C. Elliott Title V Reporting 2016 $1,700
Task 3 —J.C. Elliott Greenhouse Gas Reporting Services $5,000
Task 4—ACI Title V Reporting 2016 $1,200
Total $10,900
We are available to begin work upon receipt of an executed contract. Task 1 and Task 3 will be
commenced in January 2016 and Tasks 1 and 3 will be completed by May 30, 2016 and March 31,
2016, respectively. Title V reporting occurs twice in 2016 on the landfill's and ACI's Title V
reporting cycle.
In view of our extensive experience with air quality services in Texas and nationwide, as well as our
familiarity with the City's solid waste facilities, we are well-qualified to perform these services in a
most cost-effective manner. If you deem appropriate, we would be pleased to provide the City with
materials that further describe our pertinent qualifications and experience.
SCS appreciates this opportunity to present this proposal for your consideration. If you have any
questions, please feel free to contact David Mezzacappa, P.E. at(817) 358-6108.
Sincerely,
Joseph D. Krasner, P.E. David J. Mezzacappa, P.E.
Project Engineer Vice President
SCS ENGINEERS SCS ENGINEERS
TBPE Registration No.F-3407
Cc: Mr. Tony Benavides, Corpus Christi Landfill Manager(email only)
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Sample form for: 1
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 =
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V`MCITY OF CORPUS CHRISTI
City
of 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,question must be answered.
If the question is not applicable, answer with `NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: SCS Engineers
P.O.BOX: N/A
STREET ADDRESS: 1901 Central Drive,Suite 550 CITY: Bedford ZIP: 76021-5872
FIRM IS: 1. Corporation ( 2. Partnership 3. Sole Owner ❑
4. Association LJ 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary,please use the reverse side of this page or attach separate sheet.
1. State the names of each employee" of the City of Corpus Christi having an "ownership
interest"constituting 3%or more of the ownership in the above named"firm'
Name Job Title and City
Department(if known)
N/k
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
NOF
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
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—
f. •f.
•
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: David M iM • ppa,P.E. Title: Vice President
(Type or P •t)
Signature of Certifying
` 411
Date: 004/45.Person: / y
sem. /
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.