Loading...
HomeMy WebLinkAboutC2015-511 - 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 Cefe Valenzuela 2016(Project No. E15224) — This contract provides air-related TCEQ/EPA reporting requirements at Cefe Valenzuela 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. 2015-511 12/21/15 Contract for Pr fe sional Services v t u YG CI?� I Page1of7 i D WASTE\ 5224 A RE RTIN GHG AND Ir�ENTORY RELASEVI S TE 1 015-1020 OLD SCS Engineers )IFIED.DOC INDEXED 4. FEE The City will pay the NE a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $10,700.00. 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 NE or its agent, NE under contract or another entity over which A/E 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. A/E 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\ANGIEM\SOLID WASTE\E15224 AIR REPORTING GHG AND INVENTORY RELATED SERVICES AT CEFE FY 2016\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 3of7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\SOLID WASTE\E15224 AIR REPORTING GHG AND INVENTORY RELATED SERVICES AT CEFE FY 2016\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 A/E'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 A/E'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\ANGIEM\SOLID WASTE\E15224 AIR REPORTING GHG AND INVENTORY RELATED SERVICES AT CEFE FY 2016\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES-MODIFIED.DOC • 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 A/E'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 A/E 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\SOLID WASTE\E15224 AIR REPORTING GHG AND INVENTORY RELATED SERVICES AT CEFE FY 2016\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/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 F C RP - I RISTI S''ENGI EERS 1 � „26,5, Va :Ile H. Gra P.E. Date Da is J - acappa, P.E. Date Executive Director of 'ublic orks Vice P esident 1901 Central Drive, Suite 550 Bedford, TX 76201 RE MMENDED (817) 571-2288 tia4.412. 0s/.7,01�� s perating Departm t Date Contract for Professional Services Page 6 of 7 K:\ENGINEERING DATAEXCHANGEWNGIEM\SOLID WASTE\E15224 AIR REPORTING GHG AND INVENTORY RELATED SERVICES AT CEFE FY 2016\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES-MODIFIED.DOC • • • APP OVED AS TO LE AL FORM 4// )2V913. gal Department f Date Project No. E15224 AP;R VED Accounting Unit: 1020-12506-033 Account: 530000 antit4ty ' Activity: E15224011020EXP L Account Category: 30000 0 ice of Management I I Fund Name: Solid Waste Operating and Budget Encumbrance No. ATTEST F2e--/le-"C-AX" /41A-Q-A)17-`. Rebecca Huerta Date City Secretary 1/14--/i 6 Contract for Professional Services Page 7 of 7 K:\ENGINEERING DATAEXCHANGE\ANGIEM\SOLID WASTE\E15224 AIR REPORTING GHG AND INVENTORY RELATED SERVICES AT CEFE FY 2016\2015-1020 OLD CONTRACT PROFESSIONAL SERVICES-MODIFIED.DOC • Solid Waste Management Consultants 1901 Central Drive 817 571-2288 and Contractors Suite 550 FAX 817 571-2188 Bedford. Texas 76021- 5872 www scsengineers corn SCS ENGINEERS November 3, 2015 SCS Proposal No. 160231215 Mr. Lawrence Mikolajczyk (sent via email) 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 Cefe Valenzuela Landfill 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 Cefe Valenzuela Landfill. 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; • Emissions inventory and fee services; • The calculation and reporting of Greenhouse Gas (GHG) emissions in accordance with the Federal mandatory GHG reporting rule; and • Title V Operating Permit renewal for the landfill. The following sections provide more detail for each of these items. Lastly, it should be noted that New Source Performance Standard (NSPS)-related scope items are being included in a separate proposal. SCOPE OF WORK As noted above, there are multiple air-related requirements for the landfill that will be required in calendar year 2016. Each of these requirements is covered by a separate task in this proposal. which is divided into four tasks. For each task, 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: e.awi.w..O.8DAew.r.Corms Ovm.Ieacn215 Are Straw mta-Ca.P110315 cele w s...<..=IC e«. Offices Nationwide EXHIBIT"A" Page 1 of 4 • • Mr. Lawrence Mikolajczyk November 11 , 2015 Page 2 Task 1 —Cefe Emissions Fee Calculations/Emissions Inventory The landfill is projected to require a full emissions inventory, due to TCEQ by March 31, 2016 on STEERS, for calendar year 2015 emissions. This presumption is based on emissions levels SCS calculated for calendar year 2014. Therefore, for this task, SCS will perform emissions calculations for the landfill in order to file the annual emissions inventory. Starting in 2016, all emissions inventories must be remitted to TCEQ through their online STEERS system. SCS will begin this task by providing the City with a list of any information needed to compile the calendar year 2015 emissions calculations for the landfill. Upon receipt of the needed information and preparation of emissions calculations, SCS will then enter the data into TCEQ's State of Texas Environmental Electronic Reporting System (STEERS). Since this will be the initial inventory to TCEQ for the landfill, more data will be required to define each source for this year; this is accounted for in our scope and fee. Upon completion of entering the CY2015 data, SCS will notify you to coordinate any review and certification of the inventory on to TCEQ prior to the March 31, 2016 TCEQ deadline. We will upload pertinent calculations into STEERS as required by TCEQ prior to your certification. Our fee also includes response to typical TCEQ verifications or questions. As part of this task, SCS will also prepare the TCEQ emissions fee basis forms using the emissions inventory calculations. These emissions fee forms will typically be sent to the City by TCEQ in April. It should be noted that this task's fee does not include payment of any emissions fees calculated by SCS. These fees will be billed directly to the City by TCEQ in late 2016. Task 2 - Cefe Title V Reporting 2016 Cefe'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 —Cefe 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 boa,w,w,n.cr.noaronosalsCeo.Oicsa.08023,i,sA.s. .zo+e.c.,.a„m15Gee seroces o,s,0a. Offices Nationwide EXHIBIT"A" Page 2 of 4 Mr. Lawrence Mikolajczyk November 1 1 , 2015 Page 3 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. Task 4 —Cefe Title V Permit Renewal SCS will prepare a Title V General Operating Permit (GOP) renewal certification for the landfill. Although the Title V permit expires on June 21, 2017, the renewal must be received by TCEQ between 6 and 18 months prior to the permit expiration to be considered "timely." By completing the renewal any time after December 20, 2015, the City can be certain that the submittal will indeed be timely. This proposal assumes that the renewal will be completed by the end of calendar year 2016. The Title V renewal certification document will contain a narrative discussion supporting the landfill's permit renewal as well as the general GOP checklist and appropriate unit attribute checklists for the landfill's covered emissions sources. Certification renewals for GOP permits do not require fees and, as such, no permitting fees are included in this proposal. Upon completion of a draft Title V renewal certification, SCS will transmit a draft to you for review, comment, and Responsible Official signature. Upon receipt of comments, SCS will prepare final copies for submittal to the proper regulatory agencies and provide a copy for the site's files (as well as a full PDF for you). FEE AND SCHEDULE SCS proposes to provide the proposed services for a lump sum fee by task as follows: Task I —Cefe Emissions Fee Calculations/Emissions Inventory $4,500 Task 2—Cefe Title V Reporting 2016 $1,700 Task 3—Cefe Greenhouse Gas Reporting Services $2,000 Task 4—Cefe Title V Permit Renewal $2,500 Total $10,700 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 Title V reporting cycle. The Title V Renewal submittal (Task 4) will be complete for submittal to TCEQ by no later than December 31, 2016. 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. 60d-1•01Waf,•Oilb430➢rOp�SC'PU.CNn.60231213Av Strvica,2016-Cafe P110313 We Aa Sr.,,.1.01812,,. Offices Nationwide EXHIBIT"A" Page 3 of 4 • Mr. Lawrence Mikolajczyk November 11 , 2015 Page 4 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) vy4111y ,y.1pMmw�rmmi0 n140331=1SMSonlas 3015-CAVIIC015 GM N lemon POMP WA Offices Nationwide EXHIBIT"A" Page 4 of 4 Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No. XXX ( • 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% . m im _ co co 4) °, 0 • mimmir `"MCITY OF CORPUS CHRISTI City of 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,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 0 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) /1//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 NY 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— 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 • ppa,P.E. Title: Vice President (Type or P ,t) Signature of Certifying 'II Date: 0005.5. I Person: ;:my p / 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.