HomeMy WebLinkAboutC2005-043 - 1/18/2005 - ApprovedCITY 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 (C~) acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and Shiner Moseley and
Associates, inc., a Texas corporation, 555 N. Carancahua, Suite 1650, Corpus Christi,
Nueces County, Texas 78478, (ArchitectJEngineer - NE), hereby agree as follows:
1. SCOPE OF PROJECT (J.C. Elliott Landfill Sector 11 Liner Improvements)
This project consists of preparation of construction documents for the development of
Sector 11 at the J.C. Elliott Landfill. This is the final Sector that is to be constructed at
Elliott and it comprises a lined area of approximately 10.6 acres.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perforTn design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, A/E
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit A
and A-'I, to complete the Project. Work will not begin on Additional Services until
requested by the NE (provide breakdown of costs, schedules), and written authorization is
provided by the Director of Engineering Services.
NE services will be "Services for Construction Projects"- (Basic Services for Construction
Projects") which are shown and are in accordance with "Professional Engineering Services-
A Guide to the Selection and Negotiation Process, 1993" a joint publication of the
Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For
purposes of this contract, certain services listed in this publication as Additional Services
will be considered as Basic Services. The summary of these tasks and services is as
follows:
3. ORDER OF SERVICES
The NE agrees to begin work on those authorized Basic Services for this contract upon
receipt of the Notice to Proceed from the Director of Engineering Services. Work will not
begin on any phase or any Additional Services until requested in writing by the NE and
written authorization is provided by the Director of Engineering Services. The anticipated
schedule of the preliminary phase, design phase, bid phase, and construction phase is
shown on Exhibit A. This schedule is not to be inclusive of all additional time that may be
required for review by the City staff and may be amended by or with the concurrence of the
Director of Engineering Services.
2005-043
01/18/05
M2005-019
Shiner, Moseley and Associates
Page 1 of 3
The Director of Engineering Services may direct the NE to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase
of fee will be mutually agreed and evidenced in writing as an amendment to this contract.
NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested
requires an additional fee.
4. MANDATORY REQUIREMENTS
NE agrees to the mandatory contract and insurance requirements as set forth in Exhibit
B.
5. FEE
The City will pay the NE a fee, as described in Exhibit A, for providing services
authorized.
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the NE at the address of record. In this event, the NE will be
compensated for its services on all stages authorized based upon NE and City's estimate
of the proportion of the total services actually completed at the time of termination.
7. 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. The A/E agrees that at least 75% of
the work described herein will be performed by a labor force residing within the Corpus
Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work
described herein will be performed by a labor force residing outside the Corpus Christi
Metropolitan Statistical Area (MSA.)
8. ASSIGNABILITY
The NE will not assign, transfer or delegate any of its obligations or duties in this contract
to any other person without the prior written consent of the City, except for routine duties
delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the
termination of the partnership, this contract will inure to the individual benefit of such
partner or padners as the City may designate. No part of the NE fee may be assigned in
advance of receipt by the A/E 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.
9. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings,
contractor's field data, and submittal data will be the sole property of the City, may not be
used again by the NE without the express written consent of the Director of Engineering
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Services. However, the NE may use standard details that are not specific to this project.
The City agrees that any modification of the plans will be evidenced on the plans, and be
signed and sealed by a professional engineer prior to re-use of modified plans.
10. DISCLOSURE OF INTEREST
NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form attached hereto as
Exhibit C,
CITY OF CORPUS CHRISTI
SHINER MOSELEY & ASSOC., INC.
Ronald F. Massey ~ Date
ATrEST:
Armando Chapa
City Secretary
Ja ! / Date
Presiden[~'
555 N. Carancahua, Suite 1650
Corpus Christi, Texas 78478
Office: 361-857-2211
Fax: 361-857-7234
APPROVED AS TO FORM:
,_~ry Kay Fischer
~.-~,~,Attorney ~
Date
Page 3 of 3
EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
1. SCOPE OF SERVICES
A. Basic Services
1. Design Phase. Upon receiving authorization to proceed, the Engineer will:
a. attend and participate in project start and planning meeting (2 meetings) with
City Staff to discuss planning, design; construction sequencing, and
connections to the existing facilities, and incorporate these issues into the
construction plans. Development of the construction sequencing will be
coordinated with the City Operating Department(s) and Engineering Services
staff;
b. prepare one (1) set of Construction Bid and Contract Documents in City
format (using City Standards as applicable), including Contract agreement
forms, general conditions and supplemental conditions, invitation to bid,
instruction to bidders, insurance, bond requirements, and preparation of
other contract and bid related items; specifications and drawings to fix and
describe, for one bid or for multiple bids, the size and character of the entire
Project; description of materials to be utilized; and such other essentials as
may be necessary for construction and cost analysis;
c. prepare final quantities and opinions of probable costs and probable
construction schedule;
d. furnish one (1) copy of 60% plans (plans only-identify needed specifications)
to the City staff for review and approval purposes with opinions of probable
construction costs. Required with the 60% plans is a "Plan Executive
Summary" which will identify and summarize the project by distinguishing key
elements such as:
· Pipe Size or Building Size
· Pipe Material, etc.
· Why one matedal is selected over another
· Pluses of selections
· ROW requirements and why
· Permit requirements and why
· Easement requirements and why
· Embedment type and why
· Constructability, etc.
· Specific requirements of the City
· Standard specifications
· Non-standard specifications
· Any unique requirements
· Cost, alternatives, etc.
· Other items determined to be applicable or noteworthy
f. furnish complete construction and bid documents including specifications for
City staff review and approval. Provide 1 copy of 100% complete plans and
bid documents to the City staff for review and approval purposes with revised
I EXHIBIT "A" I
Page 1 of 5
opinions of probable costs. Identify distribution list for plans and bid
documents to all affected utilities including City and all other affected entities,
compile comments and incorporate any requirements into the plans and
specifications, and advise City of responding and non-responding
participants;
g. provide Qualify Assurance/Quality Control (QA/QC) measures to ensure that
submittal of the 60% and 100% 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
staff. The Consultant NE and Sub-consultant NE shall submit a letter
declaring that all applicable engineering disciplines of all phases of the
submittals have been checked, reviewed, and are complete prior to
submission, and include signature of all applicable disciplines including but
not limited to structural, civil, mechanical, electrical, etc;
h. upon approval by the Director of Engineering Services, provide one (1) set
(hard copy and electronic) of final plans and contract documents suitable for
reproduction (In City Format) and said bid documents henceforth become the
sole properly and ownership of the City of Corpus Christi.
i. 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;
j. assimilate all review comments, modifications, additions/deletions and
proceed to next phase, upon Notice to Proceed;
k. prepare and submit monthly status reports with action items developed from
monthly
progress and review meetings; and,
I. provide a Storm Water Pollution Prevention Plan.
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 the City's standard specifications, standard detail sheets, standard
and special provisions, and forms for required bid documents; and
d. provide aerial photography and topography for the project area.
3. Bid
a.
b.
Phase. The NE will:
participate in the pre-bid conference;
assist the City in solicitation of bids by identification of prospective bidders,
and review of bids by solicited interests.
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;
attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make
recommendation concerning award of the contract; and
I EXHIBIT "A" I
Page 2 of 5
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.
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; and,
d. prepare, review and provide copies of the contract for execution between the
City and the contractor.
4. Construction Phase. The NE will perform contract administration to include the
following:
a. participate in pre-construction meeting;
b. review for general conformance to contract documents, shop and working
drawings, materials and other submittals;
c. review field and laboratory tests;
d. provide interpretations and clarifications of the contract documents 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;
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 (coordinate with the City's construction division);
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. make final inspection with City staff and provide the City with a Certificate of
Completion for the project; and
h. review construction "red-line" drawings, prepare record drawings of the
Project (from the "red-line" drawings, inspection, and the contractor provided
plans) and deliver to the Engineering Services a reproducible set and
electronic file (AutoCAD r.14 or later) of the record drawings. All drawings
will be CADD drawn using dwg format in AutoCAD, and graphic~ data will be
r EX.l.rr "A"I
Page 3 of 5
in dxf format with each layer being provided in a separate file. Attribute data
will be provided in ASCII format in tabular form.
The City staff will:
a. prepare applications/estimates for payments to contractor; and
b. conduct the final acceptance inspection with the Engineer.
c. contract the services of a QNQC firm to perform field observations, testing
and generate the required reports for TCEQ approval.
B. Additional Services (ALLOWANCE)
This section defines the scope (and ALLOWANCE) for compensation for additional
services that may be included as part of this contract, but the A/E will not begin work on
this section without specific written approval 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 will,
with written authorization by the Director of Engineering Services, do the following:
Topographic Survey. Provide field surveys, as required for design and
construction verification including the necessary control points, and coordinates
and elevations of points required by TCEQ for the various layers installed in the
Sector construction. Establish base survey controls for line and elevation
staking (not detailed setting of lines and grades for specific structures or
facilities). 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.
Construction Observation Services. Provide Project Observation services
including day-to-day detailed coordination with the City's staff and testing
laboratory. Observation services include up to 1 person for 3 hours per day, six
days per week for a construction period of 13 weeks. Also included is up to 2
hours per week for 13 weeks of the project manager's time.
2. SCHEDULE
PROPOSED PROJECTSCHEDULE
DAY
Wednesday
Monday
Friday
Friday
Fdday
Monday (2)
DATE
February 8,2005
March18,2005
April15,2005
Apd129,2005
May 9 and May16,2005
ACTIVITY
Begin Preliminary Pha~e
Begin Design Phase
60% Submittal
City Review (30 days/4
weeks)
Final Submittal
Advertise for Bids
EXHIBIT "A" I
Page 4 of 5
Wednesday
Wednesday
Monday
Weekday
May18,2005
June 1,2005
July 11,2005
October10,2005
Pre-Bid Conference
Receive Bids
Begin Construction
Construction Completion
3. 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. For services provided in Section I.A.1-4, NE will submit monthly
statements for basic services rendered. In Section I.A.1-3, the statement will be
based upon NE's estimate (and City Concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4, the statement will be based upon the percent of completion of the construction
contract. City will make prompt monthly payments in response to NE's monthly
statements.
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:
C. Summary of Fees
Fee for Basic Services
1. Design Phase 31,700
2. Bid Phase 4,500
3. Construction Phase 14,600
Subtotal Basic Services Fees 50,800
Fee for Additional Services (Allowance)
1. Topographic QC/QA Survey (AUTHORIZED)
1.1 Design Topographic Survey 3,000
1.2Survey Sector 11 Construction QNQC 28,500
Subtotal Survey 31,500
2. Construction Observation Services 24,700
Sub-Total Additional Services Fees Authorized 56,200
Total Authorized Fee $107,000
I EXHIBIT "A" I
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1)
2)
3)
EXHIBIT A-1
CITY OF CORPUS CHRISTI
J.C. ELLIO'I-F LANDFILL
SECTOR 11 LINER IMPROVEMENTS
TASK LIST
Develop Sector 11 Liner Improvements conslruction documents similar to the Sector 10 Liner
Improvements construction documents.
Sector 11 construction documents will conform to current land§Il operating prans, the J.C. Elliott
Landi~ll permit and TCEQ regulations.
Sec[or 11 construction documents will include electrical service i~or the leachate sump pump,
Exhibit A-1
Page 1 of 1
EXHIBIT B
J.C. ELLIOTT LANDFILL
SECTOR '11 LINER IMPROVEMENTS
Standards, Codes and Safety Requirements
The Consultant's work will be performed in accordance with the most current applicable
standards, codes and safety requirements. Specifically, the Consultant will adhere to all
safety requirements for confined space entry inspecting manholes and similar confined
spaces and all traffic control regulations.
Insurance Requirements
The Consultant will not begin work under the contract until it has obtained all required
insurance and provided the City with the related certificates and endorsements. For the
duration of the project, the Consultant will provide the insurance listed below and document
required coverages with certificates of insurance:
1. Commercial liability including the following coverages:
a. Broad form property damage;
b. Premises-operations;
c. Explosion, collapse, and underground hazard;
d. Product/completed operations hazard; and
e. Independent contractors.
A letter accompanying the certificate of insurance and signed by an authorized
representative of the insurer will state that the commercial liability insurance includes the 5
coverages. Minimum coverage amounts will be:
Bodily Injury and Consequent Death $ 500,000 Per Person
Bodily Injury and Consequent Death $1,000,000 Per Occurrence
Property Damage $1,000,000 Per Occurrence
Automobile liability coverage for all owned, non-owned, or rented vehicles.
Minimum coverage amounts will be:
Bodily Injury and Consequent Death $ 500,000 Per Person
Bodily Injury and Consequent Death $1,000,000 Per Occurrence
Property Damage $ 500,000 Per Occurrence
Exhibit B
Page 1 of 3_.
3. Employer's liability insurance with a minimum coverage limit of $100,000 per
person.
Excess liability insurance coverage (for commercial, automobile, and employer's
liability insurance with a minimum coverage limit of $1,000,000.
Workers Compensation insurance
The Consultant will provide workers compensation insurance for all its employees
who will perform any project work. This coverage will be provided through a
company authorized to do business in Texas or through self-insurance obtained in
accordance with Texas law.
Coverage will be documented in a certificate of insurance or, of the Consultant provides
self-insurance, then it will provide to the City a copy of its certificate of authority to self-
insure its workers compensation coverage liability. The Consultant will also provide a letter
stating that the certificate of authority remains in effect and is not the subject of any
revocation proceeding pending before the Texas Workers Compensation Commission.
Except for workers compensation insurance, for each insurance coverage required under
the contract, the Consultant will obtain an endorsement to the applicable insurance policy,
signed by an authorized representative of the insurer, stating that in the event of
cancellation or matedal change that reduces or restricts the insurance afforded, the insurer
agrees to mail 30-days prior written notice of cancellation or material change to the City at:
City of Corpus Christi
Department of Engineering Services
Contract Administrator
P. O. Box 9277
Corpus Christi, 'FX 78469-9277
For workers compensation insurance, 10-days notice of canceilation or matedal change will
be sufficient.
The Consultant will also provide an additional insured endorsement for each insurance
policy except workers compensation insurance. Each will name the C~ as additional
insured.
Use of Subcontractors
The Consultant may use subcontractors to complete work under this contract. No
subcontractor may provide services unless the City consents. Consent will not be withheld
unreasonably.
Exhibit B
Page 2 of 3
The Consultant will be responsible for completing all contract work even if a subcontractor
has assumed responsibility to complete certain work. Also, the Consultant will be
responsible for the acts and omissions of any subcontractors.
Furthermore, the Consultant agrees that any subcontractor for this project will include the
same mandatory insurance requirements in favor of the City as are specified in the City's
contract with the Consultant. This is particularly emphasized for workers compensation
insurance coverage. Subcontractor certificates of insurance and endorsements will be
collected by the Consultant and available for City review upon request.
Page 3 of 3 ~
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
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 no[applicable, answer with "N/A".
FIRM NAME: SHINER, MOSELEY AND ASSOCIATES. INC.
STREET: 555 N. CARANCAHUA, SUITE 1650
FIRM is: 1. Corporation (X) 2. Partnership( )
4. Association() 5. Other ( )
CITY: CORPUS CHRISTI
3. Sole Owner ( )
DISCLOSURE QUESTIONS
ZIP: 78478
I[ 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 Chn,'.stl 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
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
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 "flr~".
Name Board, Commission, or Committee
N/A
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 Intermit" constituting 3% or more of
the ownership in the above named "firm".
Name Consultant
N/A
CERTIFICATE
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 prompdy submitted to the City of Corpus
Christi, Texas as changes occur.
Certifying Person: James A. Shiner, P.E.
(Type or Print) ~
Signature of Certifying Person:/'..~ ....~' "~
Title: President
Date: ~ IL(. ~_~.~-
Exhibit C
Page I of 1
DEFINITIONS
a. "Board Member''. A member of any board, commission or committee appointed by the City Council o[
the City o[ Corpus Christi, Texas.
b. "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.
c. "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, corperat~on, joint
stock company, joint venture, receivership or trust andentities which, for purposes oi' taxation, are
treated as non-profit organizations.
d. "Official". The Mayor, members of the City Council, City Manager, Deputy City ManagehAssistant Ci~
Managers, Department and Division Heads and Mumcipal Court Judges o[the City of Corpus ChrislJ,
Texas.
e. "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 holding or control established throug~n voting trusts, proxies or special terms of venture
or partnership agreements.
f. "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 C
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