HomeMy WebLinkAboutC2019-338 - 7/30/2019 - Approved CITY OF CORPUS CHRISTI
Amendment No. 1 to the
CONTRACT FOR PROFESSIONAL SERVICES
FOR PROJECT (No./Name) 18159A - Utility Rate Model Development
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) and HDR Engineering, Inc., a Nebraska corporation, 4401 West Gate Boulevard, Suite 400,
Austin, Texas 78745, (Consultant), hereby agree as follows:
TABLE OF CONTENTS
ARTICLE NO. TITLE PAGE
ARTICLE I SCOPE OF SERVICES 2
ARTICLE II QUALITY CONTROL 3
ARTICLE III COMPENSATION 3
ARTICLE IV TIME AND PERIOD OF SERVICE 4
ARTICLE V OPINIONS OF COST 5
ARTICLE VI INSURANCE REQUIREMENTS 5
ARTICLE VII INDEMNIFICATION 5
ARTICLE VIII TERMINATION OF AGREEMENT 6
ARTICLE IX RIGHT OF REVIEW AND AUDIT 7
ARTICLE X OWNER REMEDIES 7
ARTICLE XI CONSULTANT REMEDIES 8
ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8
ARTICLE XIII MISCELLANEOUS PROVISIONS 9
EXHIBITS
Contract for Professional Services
Page 1 of 11
SCANNED
•
ARTICLE I —SCOPE OF SERVICES
1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and
attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for
Consultant to provide such Services, pursuant to this Agreement,and any and all Services that would normally be
required by law or common due diligence in accordance with the standard of care defined in Article XIII of this
Agreement. The approved Scope of Services defines the services to be performed by Consultant under this
Agreement.
1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract.At
review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and
Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services
attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed
must be in writing.
1.3 Consultant shall provide labor,equipment and transportation necessary to complete all services agreed to
hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform
work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant
must provide City with a list of all subconsultants that includes the services performed by subconsultant and the%
of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ
or Scope of Services must be agreed to by the City in writing.
1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on
the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either
Consultant or City may request a review of the changes with an appropriate adjustment in compensation.
1.5 Consultant will provide monthly status updates(project progress or delays) in the format requested by the
City with each monthly invoice.
1.6 For design services,Consultant agrees to render the professional services necessary for the advancement
of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its
responsibilities,as defined and described in City's General Conditions for Construction Contracts,excerpt attached
as Exhibit-0,
1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will
consult and advise the City on matters related to the Consultant's Scope of Services during the performance
of the Consultant's services.
1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze
bids and evaluate the documents submitted by bidders.
1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective
contractors, subcontractors and suppliers.
1.7 For projects that require subsurface utility investigation:
1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and
sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A-
1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local
franchises, electric companies, communication companies, private pipeline companies and 3r' party
owners/operators.
Contract for Professional Services
Page 2 of 11
•
•
1.8 For project with potential utility conflicts:
1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
ARTICLE II —QUALITY CONTROL
2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews(QCP Review).
The City reserves the right to retain a separate consultant to perform additional QCP services for the City.
2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the
QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as
needed.
2.3 Final construction documents that do not meet City standards in effect at the time of the execution of
this Agreement may be rejected. If final construction documents are found not to be in compliance with this
Agreement, Consultant will not be compensated for having to resubmit documents.
ARTICLE III —COMPENSATION
3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of
Services for this Agreement shall not exceed $91,000 for a total not to exceed amount of$134,400.
3.2 The Consultant's fee will be on a lump sum or time and materials(T&M)basis as detailed in Exhibit A and
will be full and total compensation for all services and for all expenses incurred in performing these services.
Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is
considered confidential information that may be excluded from public disclosure under Texas Government Code
Chapter 552 as determined by the Texas Attorney General.
3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule
and budget as defined in Exhibit A, including completing the work in phases defined therein.
3.4 The Director of Engineering Services may request 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 within three(3)days of
notice if tasks requested requires an additional fee.
3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each
invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of
billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the
Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any
reimbursable expenses associated with the work. City will make prompt monthly payments in response to
Consultant's monthly invoices in compliance with the Texas Prompt Payment Act.
3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when
acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates.
3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than
the time of payment. Consultant further certifies that, upon submittal of a Payment Request,all services for which
Contract for Professional Services
Page 3 of 11
Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's
knowledge, information and belief, be free and clear of liens,claims,security interests or encumbrances in favor of
Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this
Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS,
SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE
ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT.
3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been
submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional
compensation is due to Consultant."
3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from
damage or loss for which Consultant is responsible, because of:
3.9.1 delays in the performance of Consultant's work;
3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or
equipment;
3.9.3 damage to City; or
3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this
Agreement.
3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the
amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding
compensation as provided under this Agreement.
3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required
to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided
herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures
as required by the terms of this Agreement, any such claim shall be waived.
3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual
budget.The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right
to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with
section 3.5 above for services provided up to the date of suspension.
ARTICLE IV—TIME AND PERIOD OF SERVICE
4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
4.2 This service shall be for a period of 1 (one)year beginning on the Effective Date. The Agreement may be
renewed for up to 2(two)one-year renewal options upon mutual agreement of the parties to be evidenced in writing
prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any
approved changes.
4.3 The Consultant agrees to begin work on those authorized 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
Contract for Professional Services
Page 4 of 11
•
Services until requested in writing by the Consultant and written authorization is provided by the Director of
Engineering Services.
4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this
Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the
schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's
ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten
business days of becoming aware of a factor that may affect the Consultant's ability to complete the services
hereunder.
4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not
delay the project.
4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the
Project, including any extra work and any required extensions thereto, unless terminated as provided for in this
Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the
construction phase of the Project, i.e., Final Completion.
ARTICLE V—OPINIONS OF COST
5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of
the City.
5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or
over the contractor's methods of determining prices,or over competitive bidding or market conditions,Consultant's
opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's
experience and qualifications and represent Consultant's best judgment as a design professional familiar with the
construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall
not vary from the OPC prepared by Consultant.
ARTICLE VI — INSURANCE REQUIREMENTS
6.1 Consultant must not commence work under this Agreement until all insurance required 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.
6.2 Insurance Requirements are shown in EXHIBIT C.
ARTICLE VII — INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers,agents,employees,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.
Contract for Professional Services
Page 5 of 11
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.
ARTICLE VIII —TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 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. If the Consultant again fails to
perform under this agreement, the City may terminate the agreement for cause upon seven days written
notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject
any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the
performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless
Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in
detail the services performed under this Agreement prior to the effective date of termination. City retains the
option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City
may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time&
Materials calculation or Consultant and City's estimate of the proportion of the total services actually
completed at the time of termination. There will be no compensation for anticipated profits on services not
completed.
Contract for Professional Services
Page 6 of 11
•
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of
public funds. The failure of Consultant to comply with the submittal of the statement and documents, as
required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX— RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of
Consultant's records relating to the performance of the Work under this Agreement, during the term of this
Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee,
which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its
records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute
under this Agreement, then such retention period shall extend until final resolution of the dispute.
9.2 Consultant's records include any and all information, materials and data of every kind and character
generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include
billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting
notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries, reports,drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and
any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable
judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any
Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during
Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's
Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s),
to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work
space necessary to City or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X—OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments,such that subsequent compliance costs exceed expenditures that would have been involved
had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been errors and/or omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense;
(3) Calculation of non-value added work costs incurred by the City; and
Contract for Professional Services
Page 7 of 11
•
(4) Deadline for Consultant's response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's
sole cost if, in the City's judgment,the Consultant generates excessive addenda,either in terms of the nature of the
revision or the actual number of changes due to the Consultant's errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III.
ARTICLE XI —CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond
Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost
due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in
writing with a documented reason for granting the extension.
11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond
Consultant's reasonable control.
11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII —CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one
(21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall
be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the
truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation,City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to
Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30)
calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial
request for remedy or(iii) request Mediation.
12.1.5 Pending final resolution of a claim,except as otherwise agreed in writing, Consultant shall proceed
diligently with performance of the Agreement,and City shall continue to make payments in accordance with
this Agreement.
12.2 Mediation
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out
of or related to this Agreement through discussions directly between those senior management
Contract for Professional Services
Page 8 of 11
•
•
representatives within their respective organizations who have overall managerial responsibility for similar
projects. This step shall be a condition precedent to the use of mediation. If the parties' senior
management representatives cannot resolve the dispute within thirty (30) calendar days after a Party
delivers a written notice of such dispute, then the Parties shall proceed with the mediation process
contained herein.
12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement,the Party alleging such breach shall,as a condition precedent to
filing any lawsuit, request mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than thirty (30) or more than ninety (90) calendar days following the date of the
request, except upon agreement of both parties.
12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the
identity of the mediator or mediators within thirty (30) calendar days of the request for
mediation, all conditions precedent in this Article shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County,
Texas. Any agreement reached in mediation shall be enforceable as a settlement
agreement in any court having jurisdiction thereof. No provision of this Agreement shall
waive any immunity or defense. No provision of this Agreement is a consent to suit.
12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following
standards shall apply both to claims by Consultant and to claims by City:
12.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for
loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature
arising at any time or from any cause whatsoever;
12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven
wrong for which the other Party is claimed to be responsible.
12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for
payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties
expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this
Agreement.
12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED
TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW.
ARTICLE XIII —MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement contract to any other person and/or party without the prior written consent of the other party,except for
routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services
under this Agreement. If the Consultant is a partnership or joint venture,then in the event of the termination of the
partnership or joint venture, 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.
Contract for Professional Services
Page 9 of 11
•
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a
result of this Agreement, including contract documents (plans and specifications), drawings and submittal data.
Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by
Consultant,shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any
modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior
to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent licensed professionals practicing 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.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
certification(s)at meetings of any official nature concerning the Project,including scope meetings,review meetings,
pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be
that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the
services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these
goals and objectives are to be met.
13.6 Entire Agreement. 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.
13.7 No Third-Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other
than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering
into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form.
13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with
Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this
agreement. 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 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.
13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government
Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you
need to file a Form CIQ, please review the information on the City Secretary's website at
http://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index.
13.11 Controlling Law. 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. Cases must be filed and tried in
Nueces County and cannot be removed from Nueces County.
13.12 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining
Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences,
clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or unenforceability of any Article,
Contract for Professional Services
Page 10 of 11
sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way
the validity of this Agreement in any other instance.
13.13 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 Articles l-XIII of this Agreement(Articles),
the Articles shall take precedence and control to resolve said conflict.
13.14 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national •..gin, gende , di.ability or age.
CITY OF o CHRIS HDR ENGINEERING, INC.
4111
Alarae I . 4A -7 7
airAt
J l29-N0r ,cy, June 6, 2019
Jeff H. Edmonds, P.E. I-te Shay ails Roalson Date
Director of Engineering Services Vice President
4401 West Gate Boulevard, Suite 400
Austin, Texas 78745
(512) 912-5100 Office
Grady.reed@hdrinc.com
APPRnvFn
2019.06.10 16:14:47
05'00' ]V t 3Ja-1.,L, „..AUinunu....
Assistant City Attorney Date
ftL
ATTEST
- ifi-12-e,e-&-i--- &LeA/ aAA / i sECRCfAf�lf-!
Ci Secretary Date
Fund Name Accounting Unit Accou Activity No. Amount
nt No.
Water 4010-30000-041 530000 18159-A-4010-EXP $60,060.00
Wastewater 4200-33000-042 530000 18159-A-4200-EXP $30,940.00
Total $91,000.00
Contract for Professional Services
Page 11 of 11
•
Attachment A
Scope of Professional Services for
UTILITY RATE MODEL ANALYSIS AND IMPLEMENTATION (PROJECT NO. 18159A)
Amendment to Project 18159A -
May 1, 2019
HDR Engineering, Inc. (HDR) has been selected by staff of the City of Corpus Christi (City)to
develop a new utility rate model for the City. This model will encompass the water,
wastewater, stormwater and gas utilities. This model development will occur through two
contracts. The first contract executed February 4, 2019, allowed for preliminary work to update
the current rate model, including working with the City to determine future financial policies
and determine what data the City can provide; and using the current rate model to recommend
water and wastewater rates for 2020. This second contract's scope of work directs HDR to
develop a new utility rate model with a focus on user-friendly features. The following detailed
scope of work, fee, and schedule is proposed by HDR to perform the desired professional
services. This Scope of Work represents the second and final phase of this project.
SCOPE OF SERVICES(BASE YEAR)
TASK 1—DATA COLLECTION
HDR will continue to work with City staff to collect data required to update the utility rate model.
This data will include consumption data,water loss information,operation and maintenance
expenses, debt service information, a capital improvements plan (developed by the City)and data
needed for the "true-up"within the model.
TASK 2— REVENUE REQUIREMENT ANALYSIS
In this task, HDR will develop the revenue requirement analyses for each utility,which is the first
major analytical portion of the comprehensive rate study process.This portion of the study
entails reviewing,for each utility,the various sources of funds(revenues) and comparing them to
the applications of funds(expenses)for the utility.This task considers the prudent and proper
funding for O&M and capital expenditures for each utility, and determines the need for rate
adjustments over the time period selected.A more detailed discussion of the various steps
involved in developing the City's revenue requirements for each utility is provided below.
Step 1–Selection of a Test Period–A"test period" refers to a time frame of reference for the
accumulation of revenues,expenses and consumption data. In this case, a 10-year projected time
period is proposed. By reviewing costs over this extended time frame,the City can determine if
EXHIBIT A
Page 1 of 6
steps are needed today to help minimize future impacts (e.g., rate adjustment transition,
accumulation of capital reserves, etc.).
Step 2—Accumulation of Revenues and Expenses—Once the test period has been determined,
the test period revenue requirements will be developed for each utility.These will be
developed in conjunction with the City management and staff.
Revenue requirements are composed of two major types of costs: operational and capital
expenses. In projecting revenues,the City's historical billing records (sales and revenues)are
used as a starting point and a projection of future sales (e.g., demands,flows, loads) is
developed. We will work closely with the City to develop a revenue forecast for each utility for
the projected test period.
The operational costs are generally projected from historical or budgeted costs, using assumed
escalation factors, and adjusted for known changes in operations (e.g., additional personnel,
growth/expansion, etc.). While the projection of the operational costs is fairly straightforward,
the capital cost projections are generally the focus of the analysis, and require more thought
and planning.
Within this study,the starting point for projecting capital costs(expenditures)will be the City's
capital improvements plans for each utility, or other relevant capital planning and capital
budgeting documents. In the financial planning process,consideration must be given to
maximizing the capital improvements(expenditures)for the system,while minimizing rates to its
customers.
Step 3—Review of Initial Results—During the development of the revenue requirements, HDR
will meet with the City to review the draft analysis, confirm the data inputs and assumptions
with the City and discuss the preliminary draft results. A key objective of this review process is
to help City management and staff understand the approach and methodology used by HDR to
develop the analysis as well as key assumptions.
In summary,given a better understanding of the overall magnitude of the needed capital
projects, a final financing plan for each utility can be developed which meets the City's goals and
objectives for each utility,while attempting to minimize rates and costs over time,to the degree
possible.
TASK 3—COST OF SERVICE ANALYSIS
Given the results of the revenue requirements,the City's utility costs will be allocated to the
various customer classes of service using an average embedded cost of service methodology. In
simplified terms, a cost of service study attempts to equitably allocate the revenue
requirements of each utility between the various customer classes of service (e.g., residential,
commercial, wholesale, etc.). A brief discussion of the key steps associated with a cost of serve
analysis is provided below.
This task will focus on the City's water utility. This utility services a wide range of customer
from residential retail to large industrial retail. In addition to the City's retail customers,the
City also has varying arrangements to provide service to several wholesale customers. It is
anticipated,the cost of providing water service will be allocated to functional components of
EXHIBIT A
Page 2 of 6
the system (i.e., supply,treatment,transmission, distribution, etc.) allowing those costs to be
summed as appropriate to determine the cost of service for each customer type served by the
City.
The costs for the remaining utilities(wastewater,gas, and stormwater)will be allocated out to
functional cost centers as required for rate setting. For example,the cost to treat high strength
wastewater will be allocated to those high strength customers in order to provide an updated
high strength charge.
Step 1—Selection of the Methodology for Accumulating Cost—There are two generally
accepted methods for accumulating costs—the "cash basis" and the "utility basis."_Similar to
the development of the revenue requirements,the cost of service will utilize the "cash basis"
methodology.
Step 2—Functionalization and Classification of Expenses—Functionalization refers to the
arrangement of cost data into its basic cost categories (e.g.,for the water utility, source of
supply,treatment,transmission, distribution, etc.). Given functionalized costs,the costs are
then classified to their various cost components.
Step 3—Determining of Classes of Service—The process of establishing classes of service is to
group customers into similar groups (e.g., residential, commercial, etc.). HDR will review the
classes of service that are currently used by the utilities and recommended changes needed.
Step 4—Allocation of Expense—Once the classes of service have been determined,the process
of developing allocation factors is undertaken. In developing the allocation factors, HDR will
develop factors that are "fair and equitable"to all customers and rely upon utility specific data
where available.
TASK 4—RATE DESIGN ANALYSIS
As a part of this task,the City's present rate designs for each utility will be reviewed to compare
conformance to contemporary rate setting goals and objectives. For each rate design developed,
a bill comparison and graph will be provided that shows a comparison between the present bill
and the proposed bill at various levels of usage. Bill comparisons are useful in assessing the
potential impacts to a wide variety of customers.
TASK 5—WRITTEN REPORTS
Upon completion of the rate analysis, HDR will develop a draft written report of the rate study.
The written reports are intended to be comprehensive in nature and document the activities
undertaken as a part of the project, along with our findings, conclusions and recommendations.
This draft report will also be discussed during a Submittal Workshop where HDR will walk the
City team through the findings and point out areas that may need further attention. Once
comments have been received on the draft report, a final report will be issued.
In addition, a "User's Manual" will also be developed as part of this study. The "User's Manual"
will not be an all-inclusive guide to the rate model, but will provide a summary of the model's
features and outline how to accomplish specific tasks within the rate model such as how to
update the Capital Improvements Table and then see the rate impacts.
EXHIBIT A
Page 3 of 6
TASK 6-MEETINGS/WORKSHOPS/PUBLIC PRESENTATIONS
It is anticipated that HDR will conduct in person meetings with the City on a monthly basis. In
addition to the monthly meetings, it is anticipated that five other meetings will occur with City
staff to review the rate model and/or to meet with the City's Utility Committee.
TASK 7—COMPUTER MODELS&TRAINING
Financial,cost of service and rate design models developed as a part of this study will be provided
at the end of the study. Models will be developed in Microsoft Excel. At the conclusion of the
study HDR will provide a one-day training workshop on the developed rate model. Topics
covered will include running different scenarios within the rate model, updating the CIP within
the rate model, and changing rate structures within the rate model.
TASK 8—ADDITIONAL SUPPORT
This task will provide additional support on an as-needed basis, including but not limited to
providing support for City Council presentations and running alternative rate scenarios to
determine the cost impact of future water supply sources.
Key Understanding:
HDR's services do not include(1)serving as a "municipal advisor"for purposes of the
registration requirements on Section 975 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act(2010)or the municipal advisor registration rules issued by the Securities and
Exchange Commission, or(2)advising the City, or any municipal entity or other person or entity,
regarding municipal financial products or the issuance of municipal securities, include advice
with respect to the structure, timing, terms, or other similar matters concerning such products
or issuances.
SCOPE OF SERVICES(OPTIONAL ANNUAL TECHNICAL SUPPORT)
Typical tasks included in the annual technical support include updating the rate model with the
most recent use and financial data. This task may also include providing changes to the model
as needed. The exact scope of services will be established if and when the optional
amendment is exercised.
EXHIBIT A
Page 4 of 6
•
SCHEDULE (BASE YEAR)
HDR proposes the following schedule. The ability to meet this schedule will be subject to being
able to schedule meetings with City staff in a timely manner.
Task Expected Completion
Number Task Name Date
Contract Execution-Notice to Proceed (NTP) TBD
1 Data Collection 4 weeks after NTP
2 Revenue Requirement Analysis 2 weeks after NTP
3 Cost of Service Analysis 4 weeks after NTP
4 Rate Design Analysis 5 weeks after NTP
5 Written Reports 3 months after NTP
6 Meeting/Workshops/Public Presentations Ongoing
7 Computer Models&Training 4 months after NTP
8 Additional Support Ongoing
PROPOSED FEE
HDR proposes a fee of$91,000 to complete the base year portion of the project, on a time and
materials basis and not to be exceeded without advanced written authorization of the City. A
breakdown of these costs is shown in the following table. Additional effort or meetings can be
provided for on an hourly basis at the appropriate billing rates included in the contract.
HDR will use the latest available rate sheet approved for work with the City of Corpus Christi
(Attachment B). Invoices will be developed using the approved fully loaded labor rates times
the numbers of hours charged to the project. The amount of any individual task is not a
limitation as long as the total does not exceed $91,000 for the contract.
This project is intended to be a base 1-yr contract of$91,000 with two (2)optional 1-yr
renewals of$49,500. All Task Authorizations and renewals will be issued administratively,
subject to satisfactory consultant performance and availability of funds.
EXHIBIT A
Page 5 of 6
PROPOSED FEE
CORPUS CHRISTI RATE MODEL DEVELOPMENT(Phase 2)
A. LABOR EXPENSES Hasty Egon Total
Senior
Financial Junior
Analyst/ Financial AEminiatrativ
Acti ty Picy Mgr OA QC Analyst a Supped Total Hours Cost
Task 1—Data Collection 32 0 10 0 - 4 0 460 S 8,925
.Task 2-Revenue Requirement Analysis 40 0 20 0 20.0 4 0 840 S 15,044
Task 3-Cost of SeNce Analysis 40 0 20.0 20 0 4 0 84 0 S 15.044
Task 4-Rate Design Analysts 40 0 10 0 •
4 0 54 0,5 10,501
Task 5-Written Reports 40.0 40 - 4 0 48 0 5 9,174
.Task 8-Meetings/Workshops/Public Presentations 40 0 4 0 - 4 0 480 5 9,174
;Task 7-Computer Models&Training 32.0 10 0 20.0 20.0 82 0 S 12,912
Task 8-MM. banal Supped 40.0 - - - 40.0 5 7,876
Total Labor Hours 304 0 78 0 600 0 44.0 486 0
Total Labor Expanse $ 88,649
:B. NON-LABOR EXPENSES tint Taal
Item Quantity Price Cost
Trams!(Local from San Marcos) 10: nips 5 235 per trip S 2.351
Total Non-Labor Expenses S 2,351
.C. SUBTOTAL BASE YEAR S 91.000
D. YEAR 2 TOTAL S 49.300
E. YEAR 3 TOTAL $ 49,500
F. TOTAL CONTRACT TOTAL S 190.000
EXHIBIT A
Page 6 of 6
UTILITY RATE MODEL DEVELOPMENT
CITY PROJECT NO. 18159A
SUMMARY OF FEES
Original Amendment No. 1 Total Contract
Basic Services: Contract
Utility Rate Model Development $43,400.00 $91,000.00 $134,400.00
Preliminary Phase $0.00
Design Phase $0.00
Bid Phase $0.00
Construction Admin Phase $0.00
Subtotal Basic Services $43,400.00 $91,000.00 $134,400.00
Additional Services:
Permit Prepartion $0.00
Topographic Survey $0.00
ROW Acquisition Survey $0.00
Environmental Issues $0.00
Public Meetings $0.00
Construction Observation $0.00
Traffic Control $0.00
Signalization Improvements $0.00
Warranty Phase $0.00
Construction Inspection (T&M) $0.00
Platting Survey $0.00
O & M Manuals $0.00
SCADA $0.00
Subtotal Additional Services $0.00 $0.00 $0.00
Summary of Fees:
Basic Services Fees $43,400.00 $91,000.00 $134,400.00
Additional Services Fees $0.00 $0.00 $0.00
Total Authorized Fees $43,400.00 $91,000.00 $134,400.00
Admin Approval Pending
Jan. 31, 2019
EXHIBIT A-1
Page 1 of 1
Sample form for:
Payment Request
COMPLETE PROJECT NAME AE Contract
Project No. XXXX Revised 02/01/17
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00_ $1,627.00 $1,627.00 $0.00 $0.00_ $0.00 $1,627.00 0.0%
Platting Survey TBD TBD_ TBD TBD TBD TBD TBD TBD TBD
O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% .
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials (T&M).
-om
v x
co s
CD iT
.w
o CO
EXHIBIT B-1
CONFIDENTIAL RATE SHEET
Rate sheets are confidential pursuant to section 552.104 of the Texas Government
Code since release of this information would give advantage to a competitor or bidder.
In addition, section 552.110 of the TX Govt. Code protects third party commercial and
financial information if release of the information would cause the third party substantial
competitive harm. Final determination of confidentiality will be made by the Texas
Attorney General.
DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate
documentation has been provided to the City of Corpus Christi and was utilized in
reviewing and approving the loaded hourly rates below.
PRINCIPALS: The Consultant must provide documentation with each payment request
that clearly indicates how a Principal's time is allocated and the justification for that
allocation.
PRINCIPAL(S): HOURLY RATE TX REGISTRATION #:
($/h r)
Project Consultant:
CAD Technician:
Clerical:
Other—specify:
SUBCONSULTANT(S):
(firm)
Principal(s):
Project Consultant:
CAD Technician:
Clerical
Other—specify:
Add additional subconsultants as needed.
Exhibit B-1
Confidential Rate Sheet
Page 1 of 1
•
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)
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 In the event of a change in insurance coverage, Consultant shall be required to
submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 business days of said change. Consultant shall pay any costs resulting
1 Rev 04/17
Exhibit C
Page 1 of 2
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 If the policy is cancelled, other than for nonpayment of premium,
notice of such cancellation will be provided at least 30 days in advance of
the cancellation effective date to the certificate holder;
1.6.2 If the policy is cancelled for nonpayment of premium, notice of such
cancellation will be provided within 10 days of the cancellation effective date
to the certificate holder.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall notify City of such lapse in coverage and 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 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.
2 Rev 04/17
Exhibit C
Page 2 of 2
•
•
allSUPPLIER NUMBER
TO BE ASSIGNED BY CITY
o PURCHASING DIVISION
City of CITY OF CORPUS CHRISTI
corpuuss
City DISCLOSURE OF INTEREST
Christi
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: HDR Engineering,Inc.
P.O. BOX:
STREET ADDRESS: 4401 West Gate Blvd., Suite 400 CITY: Austin ZIP: 78745
FIRM IS: 1. Corporation El 2. Partnership = 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)
N/A
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
N/A
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
N/A
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
EXHIBIT "E"
Page 1 of 2
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof,you shall disclose that fact
in a signed 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: Shay Ralls Roalson Title: Vice President
(Type or Print)
Signature of Certifying SaJi—P-D-OtRiDaDoe'v-N_ Date:
Person: June 5, 2019
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi,Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis,but not as an independent contractor.
d. "Firm." Any entity operated for economic gain,whether professional, industrial or commercial,and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers,Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi,Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
EXHIBIT"E"
Page 2 of 2