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C2016-513 - 9/27/2016 - Approved
I'!�t 5 a-� 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 LNV, Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Elevated Water Storage Tanks Citywide (Alternative Capacity Requirement Implementation) (Project No. El 6290) -This project will provide the City with a 2.5 million gallon (MG) elevated storage tank (EST) at Starry Road and a 1 .25 MG EST at Nueces Bay as described as Phases 3 and 4 in the Alternative Capacity Requirement Implementation Plan. This project also includes demolition of the four(4) existing ESTs in the City's Pressure Zone 1 which are identified by the City as Morgan EST, Gollihar EST, Alameda EST, and Flour Bluff EST. Antenna provisions will be included in this project for the proposed 2.5 MG EST at Starry Road to accommodate antennas for the City's Police and Municipal Information Systems (MIS) Departments. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit"A". In addition, Consultant will provide monthly status updates (project progress or delays 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 Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant 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 Consultant 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 Consultant 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. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks reauested requires an additional fee. 2016-513 9/27/16 M2016-126 Contract for Professional Services LNV Inc. JIFER\WATER\E16290 ELEVATED WATER STORAGE TANK PHASE 3&4\CONTRACT\CONTRACT DOC Page 1 INDEXED 5 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $672,034.00. Monthly invoices will be submitted in accordance with Exhibit "B". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court 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 Consultant or its agent, Consultant under contract or another entity over which Consultant 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. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City. or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit "C". 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16290 ELEVATED WATER STORAGE TANK PHASE 384\CONTRACT\CONTRACT.DOC Page 2 of 5 In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant 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 Consultant 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 Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant 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, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant 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.STANDARD OF CARE Services provided by Consultant 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. 12.DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13.CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16290 ELEVATED WATER STORAGE TANK PHASE 3&4\CONTRACT\CONTRACT.DOC Page 3 of 5 this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14.CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. 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/qovernment/city-secretary/conflict- disclosure/index. 15.ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant 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 Consultant. 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. 16.CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant- prepared Exhibit"A", Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16290 ELEVATED WATER STORAGE TANK PHASE 384\CONTRACT\CONTRACT.DOC Page 4 of 5 CITY OF CO, P i S1CH ' T LNV,�►7- _. , l0 s" i i7' )7 -01/20/6. J.H. Edmonds, P.E. to 5 .n S. Leyendecker, P.E. Date Director of Engineering Services r resident 801 Navigation, Suite 300 Corpus Christi, Texas 78408 R OMMENDED (361) 883-1984 Office (361) 883-1986 Fax A _ , b� Kpe 64- 6 loganb©Invinc.com •perating D:part' ent Date APPROVED AS TO LEGAL FORM OA (/, ,fA._L (01 l'I tU. Legal Department Date U2E110,,,:-. Le2KU unl� 01271y APPROVED 3Y �UNCIL............ . .. • h SECRETARY iiir Office of Managem' nt Date and Budget ATTEST }- i Rebecca Huerta Date City Secretary 1 (-0(V j Project Name Elevated Water Storage Tanks Citywide Alternative Capacity Requirement Implementation Project Number E16290 Accounting Unit 4091-041 Account 550950 Activity El6290014091 EXP Account Category 50950 Fund Name Water 2012B RVBD This is the original contract for $672,034 Contract for Professional Services K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16290 ELEVATED WATER STORAGE TANK PHASE 384\CONTRACT\CONTRACT.DOC Page 5 of 5 • • EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS ELEVATED WATER STORAGE TANKS—CITYWIDE (ACR IMPLEMENTATION) PROJECT NO. E16290 SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant)will: b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Prepare geotechnical investigation findings (see additional services). d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. e- - - - - -• - - - -- --- - - - - - - - • . •: - - -- -- - _•- _e, - served - - -sewed k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact assessment and provide p) Prepare an Engineering Letter Report(20—25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- EXHIBIT"A" Page 1 of 10 Revised November 26,2013 • • level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. - - - - • - - r.•- . - - - - - " - _ --- - 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. s) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report(ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. u) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (NE to coordinate with City Operating Department) e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. EXHIBIT"A" Page 2 of 10 Revised November 26,2013 • The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable)to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist&drawing checklist"which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the pre-final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. h) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. • - - _ - - _ -- .. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents EXHIBIT"A" Page 3 of 10 Revised November 26,2013 (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. I) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2"for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy of the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the NE's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. EXHIBIT"A" Page 4 of 10 Revised November 26,2013 The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the NE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The NE will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction "red-line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. EXHIBIT"A" Page 5 of 10 Revised November 26,2013 • B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. NE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE shall,with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The NE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. Nueces County h. Texas Historical Commission (THC) U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) Texas Department of Licensing and Regulation (TDLR ) m. Texas General Land Office (TGLO) n. Other agency project-specific permits 2. Right-of-Way (ROW) Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. NE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the NE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. EXHIBIT"A" Page 6 of 10 Revised November 26,2013 3. Topographic Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. mutt be-shown: m) - - .- - • -• _ -- • -- - - -- -- -- - . _ - -e. - .e .:- e-- - - -- 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. To Be Determined. EXHIBIT"A" Page 7 of 10 Revised November 26,2013 • 6. Subsurface Utility Investigation—To Be Determined -- - - - - - - -- - •-- - -- - - - - -- -- -- - -- - - -- top-of-the-utility, .. .. . . • .. • • • - - - • - - -- replaced as part of this project and that fall within the footprint of Level C. . . . . .. - A. - - - - - - - - a- .. -•-- - - 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 9. Start-up Services. Provide authorized services as described in Exhibit A-1. 10. Provide SCADA Documentation. Provide authorized services as described in Exhibit A- 1. EXHIBIT"A" Page 8 of 10 Revised November 26,2013 • 11. Project Manual. —To Be Determined 12. O&M Manuals and Training. Provide authorized services as described in Exhibit A-1. 13. Process Automation System Development. Provide authorized services as described in Exhibit A-1. Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". 11. SCHEDULE Date Activity TBD NTP 90 days after NTP Draft PER submittal 120 days after NTP City Review 150 days after NTP Final PER submittal 420 days after NTP Land Acquisition Completed 480 days after NTP 60% Design Submittal 510 days after NTP City Review 570 days after NTP 90% Pre-Final Design Submittal 600 days after NTP City Review 630 days after NTP Final Submittal 750 days after NTP Contract Award 795 days after NTP Begin Construction 1480 days after NTP Complete Construction III. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, NE will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to NE's monthly statements. EXHIBIT"A" Page 9 of 10 Revised November 26,2013 B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the NE a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase $ 136,795 2. Design Phase $ 286,925 • 3. Bid Phase $ 11,378 4. Construction Administration Phase $ 118,992 Subtotal Basic Services Fees $ 554,090 Additional Services Fees (Allowance) 1. Permit Preparation $ 7,280 2. ROW Acquisition Survey $ 14,340 3. Topographic Survey and Parcel Descriptions $ 14,270 4. Environmental Issues $ 27,692 5. Public Involvement TBD 6. Subsurface Utility Investigation TBD 7. Construction Observation Services TBD 8. Warranty Phase $ 6,983 9. Start-Up Services $ 13,096 10. Provide SCADA Documentation $ 5,880 11. Project Manual TBD 12. O&M Manuals and Training $ 6,595 13. Process Automation System Development $ 21,808 Sub-Total Additional Services Fees Authorized $ 117,944 Total Authorized Fee $ 672,034 EXHIBIT"A" Page 10 of 10 Revised November 26,2013 • EXHIBIT "A-1" (Provides supplemental description to Exhibit'A'. Task List does not supersede Exhibit'A'.) CITY OF CORPUS CHRISTI, TEXAS ELEVATED WATER STORAGE TANKS — CITYWIDE (ACR IMPLEMENTATION) Project No. E16290 Project Background The Elevated Water Storage Tanks — Citywide (ACR Implementation Phases 3 & 4) project is based upon the analysis and recommendations made in the Alternative Capacity Requirement (ACR) for elevated storage approved by Texas Commission of Environmental Quality (TCEQ) in 2012. The ACR was requested as a result of the City receiving a violation from TCEQ for not meeting the minimum elevated storage capacity requirement of 100 gallons per connection in the City's Pressure Zone 1 water system. Using historical data and hydraulic modeling, the City in association with LNV, developed an ACR report that showed the City's Pressure Zone 1 water system could meet TCEQ requirements with only 50 gallons of elevated storage capacity per connection with a four(4) phase series of improvements as described below: Phase 1 — Install Generators at Navigation and Staples Pump Stations Phase 2—Construct a 0.75 MG &3.0 MG EST at Rand Morgan and Holly Roads to replace the existing ESTs in Pressure Zone 1 Phase 3 —Construct a 2.5 MG EST at Starry Road Phase 4—Construct a 1.25 EST at Nueces Bay TCEQ approved the ACR request under the conditions that the City completes the proposed four (4) phases of improvements as outlined above in a 9-year period (which began in the year 2012). At this time,the City has deviated from the original implementation plan as was originally approved by TCEQ. However, the City has modified their original implementation plan by combining Phases 3 and 4 into one (1) project ultimately keeping the City on track to meet the original approved deadline set by the ACR. Purpose The purpose of this project is to provide a 2.5 MG EST at Starry Road and a 1.25 MG EST at Nueces Bay as described as Phases 3 and 4 in the ACR Implementation Plan. In addition to the proposed ESTs, this project will also include demolition of the four(4) existing ESTs in the City's Pressure Zone 1 which are identified by the City as Morgan EST, Gollihar EST, Alameda EST, and Flour Bluff EST. Antenna provisions will be included in this project for the proposed 2.5 MG EST at Starry Road to accommodate antennas for the City's Police and Municipal Information Systems (MIS) Departments. Scope of Services A. Basic Services 1.0 Preliminary Phase 1.1. Refine the User Requirements by gaining input from City personnel and addressing system operational issues and issues specific to the existing elevated storage tanks. EXHIBIT"A-1" Page 1 of 7 The User Requirements will be incorporated into the design recommendations presented in the Preliminary Engineering Report. 1.2. Conduct Alternative Evaluations for tanks, piping materials, inlet/outlet configurations, valves, hydrodynamic mixing systems, chemical injection, and appurtenances. The preliminary recommendations will be presented in the Preliminary Engineering Report. 1.3. Deliver Draft Preliminary Engineering Report (PER) that builds upon the Alternate Capacity Requirement (ACR) for Elevated Storage Report recommendations specific to Starry Rd. and Nueces Bay Blvd. elevated tanks and incorporates the User Requirements and Alternative Evaluations. The PER will also include recommendations for sequencing the demolition of the four (4) existing elevated storage tanks within Pressure Zone 1 as well as plans and specifications consistent with 30% level of completion. 1.4 Deliver Final PER incorporating City review comments of the Draft PER. 2.0 Design Phase 2.1 Utility Coordination Provide coordination with electric and communication utility companies in accordance with Exhibit A. 2.2 Identify Testing, Handling and Disposal of Hazardous Materials Provide services related to hazardous materials and/or contaminated soils in accordance with Exhibit A. 2.3 60% Deliverable— Plans & Specification Package The ENGINEER shall prepare and submit plans and specifications at the 60 percent level of completion in accordance with Exhibit A. 2.4 60% Review Meeting The ENGINEER shall attend a half-day submittal review workshop with OWNER staff for the 60% design submittal to the OWNER. 2.5 90% Pre-Final Deliverable — Plans & Specification Package The ENGINEER shall prepare and submit plans and specifications at the 90 percent level of completion in accordance with Exhibit A. 2.6 90% Pre-Final Review Meeting The ENGINEER shall attend a half-day submittal review workshop with OWNER staff for the 90% design submittal to the OWNER in accordance with Exhibit A. 2.7 Final Deliverable — Plans & Specification Package ENGINEER will assimilate all final review comments and upon approval by the Director EXHIBIT"A-1" Page 2 of 7 • of Engineering Services, provide one (1) set of the final plans and contract documents in accordance with Exhibit A. 2.8 QA/QC ENGINEER will provide Quality Assurance/Quality Control (QA/QC) measures in accordance with Exhibit A. 3.0 Bid Phase 3.1 Pre-Bid Conference ENGINEER will assist OWNER in conducting a Pre-Bid Conference to review the details of the project and solicit questions regarding the Bid Documents. ENGINEER will document the conference in writing within 5 working days. 3.2 Addenda Preparation and Response ENGINEER will answer OWNER and Contractor questions, develop written responses in the form of Contract Addenda, provide (1) set of any required addenda for distribution to Bidders. 3.3 Bidding Coordination ENGINEER will assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. 3.4 Bid Evaluation and Recommendation of Award The ENGINEER will tabulate and review all bids received for compliance with the requirements of the bid documents, including addenda. After consultation with OWNER, the team will prepare a written award recommendation based on this review and knowledge of proposed contractors' and subcontractors' past performance records. 4.0 Construction Phase 4.1 Pre-Construction Meeting Attend in accordance with Exhibit A. 4.2 Change Orders, RFIs, Clarifications and Pay Requests The ENGINEER shall review and respond in writing to RFIs for those elements of the Project designed by the ENGINEER. Questions and concerns that arise during construction shall be documented using the Request for Information (RFI) format. Design team members shall provide oversight in each discipline to ensure that the decisions made in design are incorporated in the responses to RFIs generated during construction. ENGINEER will maintain an RFI log showing dates of submittal, transmittal action to other sub-consultants, dates of return, and a summary of the response. Copies of the log will be furnished to the OWNER and the Contractor monthly. EXHIBIT"A-1" Page 3 of 7 ENGINEER will review cost and time estimates for change orders and for Contractor's claims for additional cost or compensation due to differing site conditions, force majeure, material or equipment shortages, or other causes. ENGINEER will also provide an estimate of the additional Design Consultant costs (if any) that would be incurred as a result of the change order. ENGINEER will evaluate Contractor's claims to determine whether they are justified under the Contract and will review Contractor's proposals for additional compensation, credits, and/or time relating to changes or claims. ENGINEER will make recommendations to the City's Project Manager on the amount of additional compensation, credit, or time extension due to the Contractor. In addition, ENGINEER will clarify matters and work to resolve discrepancies with the Contractor. ENGINEER, with other Project Team members, will perform necessary design revisions in connection with change orders to reflect modifications requested by the City, or as required by unforeseen conditions. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. ENGINEER, with input from other Project Team members, will consider and evaluate Contractor's suggestions for changes in the Contract Drawings or Specifications and respond as appropriate or as required by the Contract Documents. ENGINEER will coordinate with the City and provide recommendations pertaining to the suggested design modifications. ENGINEER, with other Project Team members, will also perform necessary design revisions authorized by the City in connection with change orders to reflect modifications requested by the Contractor and will perform services in evaluating substitutions proposed by Contractor. Coordination of the resulting change order requests and any additional Design Consultant research and design efforts, up to a maximum number of hours as shown in the fee schedule, are included in this scope. 4.3 Submittal Review and Response ENGINEER will receive, log and distribute for review and approval the submittals, shop drawings, samples, test results, operations and maintenance manuals, and other data that Contractor is required to submit. ENGINEER will distribute and file the submittals after review action has been taken. ENGINEER will follow-up to verify that revisions are made and resubmitted as required and will verify that such required submittals are received and approved prior to installation or payment for the materials covered. ENGINEER will also perform a review of the schedule of shop drawing submissions and schedule of values prepared by Contractor and will discuss status of the submittals at construction progress meetings. ENGINEER will be responsible for completing the submittal reviews within 15 business days and for monitoring the status and timeliness of responses. ENGINEER will maintain a submittal log showing dates of submittal, transmittal action to other sub-consultants, dates of return and review action. Copies of the log will be furnished to the OWNER and the Contractor monthly. ENGINEER will also evaluate the Contractor's request for substitutions. Submittal review efforts are based on a EXHIBIT"A-1" Page 4 of 7 maximum of two (2) reviews per submittal and that no more than fifty percent(50%)of the total number of first submittal will require two (2) reviews. 4.4 Site Visits ENGINEER will make regular visits (two per month for the duration of construction and startup)to the site to observe the general progress and quality of construction for those elements of the Project designed by the ENGINEER, and to confer with OWNER's on- site staff. 4.5 Record Drawings ENGINEER will prepare and deliver to the City record drawings of the constructed work both in hard copy and complete electronic files for the project in AutoCAD and PDF. Record drawing information will be obtained from redlined drawings prepared by the Contractor and will be prepared in accordance with Exhibit A for those elements of the Project designed by the ENGINEER. B. ADDITIONAL SERVICES 1.0 Permitting ENGINEER will prepare required permits in accordance with Exhibit A. 2.0 Right-of-Way (ROW) Acquisition Survey The NE will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. 3.0 Topographic Survey Upon completion of the Preliminary Design and subsequent site selection and land acquisition, topographic surveys shall be performed at both new tank locations and the four existing tank locations to begin plan preparation. Engineer will provide field surveys, as required for design, including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Base survey controls must be established for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). 4.0 Environmental Issues A Phase 1 Environmental Site Assessment shall be performed at the proposed Starry Road tank location, which consists of records review, site visits, determination of environmental concerns, and permit identification. Engineer will: a. Provide environmental site evaluations and Archeology Reports that are needed for the Project. b. Identify and develop a scope of work for any testing, handling, and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. EXHIBIT"A-1" Page 5 of 7 A Phase 2 Environmental Site Assessment shall be performed at the proposed Nueces Bay tank location due to several recognized environmental concerns in the area including contaminated soil and groundwater. In addition to the requirement of a Phase 1 Environmental Site Assessment, a Phase 2 Environmental Site Assessment includes the collecting of soil samples to screen for chemical and/or metal contamination. 5.0 Public Involvement (TBD) 6.0 Subsurface Utility Investigation (TBD) 7.0 Construction Observation Services (TBD) 8.0 Warranty Phase ENGINEER will complete Warranty Phase services in accordance with Exhibit A. 9.0 Start-up Services Provide on-site services and verification for all start-up procedures during actual start- up of major Project components, systems, and related appurtenances if needed and required. 10.0 Provide SCADA Documentation Provide standardized SCADA documentation, which will include PFDs, P&IDs, loop sheets, logics, SCADA architecture, DCS I/O lists, instrument lists, tie-in lists, piping lists, equipment lists, and instrumentation specification sheets. 11.0 Project Manual (TBD) 12.0 O&M Manuals &Training a. Provide workshop to identify all required manuals and training. b. Coordinate overall system training and submit training material to City for pre- review prior to training classes. c. Ensure that the Owner is in possession of all Manuals and has received all specified training prior to placing the finished product in service. 13.0 Process Automation System Development Engineer will provide the following services in addition to the required SCADA documentation (as listed in Exhibit A-1 of the original Large NE Contract executed and dated February 19, 2009): a. Provide Engineering Services to solicit from the Owner and document User Requirements Specifications (URS)for the Process Automation. b. Provide Engineering Services to develop Detailed Functional Specification (DFS) and Sequence of Operation (SOO), based on User Requirements. EXHIBIT"A-1" Page 6 of 7 • c. Provide Engineering Services to determine and specify all control system configuration parameters, such as PID parameters, setpoints, and alarm levels required to achieve correct operation, alarming, and emergency notification and response of the automated control system. These Engineering Services shall also specify parameters for new pumps and equipment, as well as modifications to control system parameters for existing equipment. d. Provide Engineering Services to develop Integration, Verification, and Validation (IV&V) documentation. Develop phased testing and acceptance plan for the new control system. Develop all required testing scenarios, checklists, acceptance and sign-off documentation, installations and cutover sequence, and other quality control and acceptance documentation to be used by the contractor. e. Provide Engineering Services to develop drawings and specifications required by the contractor to deliver a functional, integrated Process Automation System. f. Provide Engineering Services to coordinate, attend and witness acceptance tests, start-up and commissioning. Determine whether the supplied system meets the requirements and recommend acceptance to Owner. g. Upon successful start-up and commissioning, update DFS and SOO, if required, and submit to Owner with As-Built documentation. EXHIBIT"A-1" Page 7 of 7 EXHIBIT "B" SAMPLE PAYMENT REQUEST FORM • Sample form for COMPLETE PROJECT NAME Payment Request Revised 0727100 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% Contract for Professional Services Exhibit B EXHIBIT "C" Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy 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. 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 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs shall be outside policy limits) 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. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant'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. Consultant is required to provide City with renewal Certificates. 1.5 Consultant 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. Consultant 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 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 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. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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. 1.8 In addition to any other remedies the City may have upon Consultant'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 Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant'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. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. . . 6.04 y,, SUPPLIER NUMBER 9 TO BE ASSIGNED BY 111 Y PURCHASING DIVISION 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. Everyquestion must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV,Inc. P.O.BOX: STREET ADDRESS: 801 Navigation,Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: I. Corporation ® 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 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) liiA 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 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 AI 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 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: Dan S. Leyendecker, _E. Title: President (Type ee Print) Signature of Certifying Date: Person: Person: h /,7YAM 4/2 e/� EFINITIONS 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-62057 LNV,Inc. Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/26/2016 being filed. (�1 City of Corpus Christi,Texas Date kno ledged: Ir Y ie 10 '2'°11t 3 Provide the identification number used by the governmental entity or state agency to track or identify the co trac,and provide a description of the services,goods,or other property to be provided under the contract. Elevated Water Storage Tanks Professional engineering,architectural,and/or surveying services Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Leyendecker,Dan Corpus Christi,TX United States X Naiser,Derek San Antonio,TX United States X Viera,Robert Corpus Christi,TX United States X Trejo,Eric Corpus Christi,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. "`;�'��,,� TANYA LACHELLE SWAILS 4� 4 _�,��, Notary Public,State of Texas .s id„�., ��,r Comm.Expires 03-30-2020 -,:,,.;,•••-,i,,,4 Notary ID 11712738fol- - / n„muav Signature of authorized agen. if contracts ! business entity AFFIX NOTARY STAMP/SEAL ABOVE __.....- / ' // Sworn and subscribed before me,by the said ., ) (1_,, i4 '7�`e- 10 ,this the CqC day of May , 20 ,to certify which,witness my hand and seal of office. i / / Signature ' c fad • ni--ring oath Printed name o officer•. inistenng oath Title of officer administering oai orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021