HomeMy WebLinkAboutC2005-163 - 4/19/2005 - 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 (City) acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and Goldston En~ineerinq
Inc., a Texas corporation, P.O. Box 2886, Corpus Christi, Nueces County, Texas 78403,
(Consultant), hereby agree as follows:
1. SCOPE OF PROJECT Antelope Street and Salt Flats Area 36"/48" Wastewater
Gravity Interceptor Line - City Project No. 7302
Project consists of the construction management of all the above-captioned project,
including but not limited to inspection of approximately 12,400 linear feet of sanitary sewer
in sizes ranging from 8" to 48" and approximately 2,900 linear feet of 8" waterline, together
with all borings, casings, manholes, service connections, valves, pavement and surface
restoration and all appurtenances as shown on the plans and called for in the
specifications and contract documents.
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform 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"
to complete the project. Work will not begin on Additional Services until requested by the
A/E (provide breakdown of costs, schedules), and written authorization is provided by the
Director of Engineering Services.
A/E 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 Engineers 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 A/E 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
2005-163
04/19/05
M2005-120
Conlracl for Engineering (NE) Se~
Page 1 ol 3
Goldston Engineering
be required for review by the City staff and may be amended by or with the concurrence of
the Director of Engineering Services.
The Director of Engineering Services may direct the NE to underlake 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.
A/E 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
5. FEE
The City will pay the AJE a fee, as described in Exhibit "A", for providing services
authorized, Monthly invoices will be submitted in accordance with Exhibit "D",
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the A/E at the address of record. In this event, the A/E 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 AJE 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 pdor wdtten consent of the City, except for routine duties
delegated to personnel of the NE staff. If the A/E 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 A/E fee may be assigned in
advance of receipt by the A/E without wdtten 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 t~ En~kmering (A/E) ser~c~s
Page 2 o! 3
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 o[ Engineering
Services. However, the A/E may use standard details that are not specific to this project.
The City agrees that any modification of the plans will be evidenced on the plans, and be
signed and sealed by a professional engineer prior to re-use of modified plans.
10. DISCLOSURE OF INTEREST
AJE [urther agrees, in compliance with City ot 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
Ronald F. Massey, "~ate
Assistant City Manager
RECOM./~ENDED
~g01 R. Escobar, P.E., Date
Director of Engineering Services
AI-I'EST
Armando Chapa, Ci~ Secreta~
APPROVED AS TO FORM
By Si F , Date
Vice President
210 S. Carancahua, Suite 200
Corpus Christi, TX 78401
(361) 888-8100 Office
(361) 888-8600 Fax
Conb'ac~ [or Englneertng (A/E) Sen~es
Page 3 o[ 3
EXHIBIT A - TASK LIST
CITY OF CORPUS CHRISTI
Antelope Street and Salt Flats Area 36"/48" Wastewater Gravity Interceptor Line
City Project No. 7302
1. DEFINITION OF TERMS:
City - City of Corpus Christi, Director of Engineering Services
Cih/Desiqn Consultant - Maverick Engineering Inc.
Consultant - Goldston Engineering Inc.
Construction Contract - The written agreement covering the performance of the
construction work. The contract includes the advertisement; proposal;
specifications, including special provisions; plans or working drawings; any
supplemental changes or agreements pertaining to the work or materials thereof,
and bonds.
Protect Inspector - The person provided by the Consultant to provide
construction inspection of the work.
Construction Contractor - The person, persons, partnership, company, firm,
association, corporation, or joint venture entedng into contract with the City for
the execution of work, acting directly or through a duly authorized representative,
in accordance with the Construction Contract.
The Work - All work, including the furnishing of labor, materials, tools,
equipment, and incidentals, to be performed by the Construction Contractor
under the terms of the Construction Contract.
2. CONTRACT TERMS:
Consultant shall provide a Project Inspector to provide full-time construction
inspection for 52 weeks at 40 hours/week and approximately 4 hours/week for
secretarial assistance for the Construction Phase and 40 hours for the Warranty
Phase, as noted in Section 4.
Through such observations of Construction Contractor's work in progress and
field checks of materials and equipment by the Project Inspector and assistants,
Project Inspector shall endeavor to provide further protection for the City against
defects and deficiencies in the work.
C. The duties and responsibilities o[ the Project Inspector are as follows:
EXHIBIT "A"
Page 1 of 4
General: Project Inspector's dealings in matters pertaining to the Construction
Contractor's work in progress shall in general be with City Design Consultant
and Construction Contractor, keeping the City advised as necessary.
Conference and Meetings: Attend meetings with Construction Contractor,
such as preconstruction conferences, progress meetings, job conferences
and other project-related meetings.
3. Liaison: Work principally through Construction Contractor's superintendent
and assist in their understanding of the intent of the Construction Contract.
Review of Work and Rejection of Defective Work:
a. Conduct on-site observations of Construction Contractor's work in
progress in determining if the Work is in general proceeding in accordance
with the Construction Contract. Administer independent quality assurance
procedures in accordance with the Construction Contract. Notify
Construction Contractor of non-conforming work observed and review
corrective procedures for defective work. Coordinate special materials
tests and performance tests needed to obtain a quality project. Review
quality related documents provided by the Construction Contractor such
as test reports, equipment installation repods or other documentation as
required by the Construction Contract.
b. Report to City whenever Project Inspector believes that any part of
Construction Contractor's work in progress will not produce a completed
Project that conforms generally to the Construction Contract or will
prejudice the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Construction Contract, or has been
damaged, or does not meet the requirements of any inspection, test or
approval required to be made; and advise City of that part of work in
progress that Project Inspector believes should be corrected or rejected or
should be uncovered for observation, or requires special testing,
inspection or approval.
5. Records:
a. Maintain orderly files for correspondence, reports of job conferences.
reproductions of original Construction Contract including all change
orders, addenda, additional drawings issued subsequent to the
Construction Contract, clarifications and interpretations of the Construction
Contract, progress reports, shop drawings received from and delivered to
Construction Contractor, and other Project-related documents. Maintain a
document control system that tracks the processing of Construction
Contractor's submittals and provide for filing and retrieval of project
documentation. Construction Contractor's submittals, including requests
for information, modification requests, shop drawings, schedules, and
other submittals, shall be submitted to the City Design Consultant for
review in accordance with the requirements of the Construction Contract
for the project. The City Design Consultant will I~urnish the Project
Inspector approved construction copies. Monitor the progress of the
EXHIBIT 'A"
Page 2 of 4
Construction Contractor and City Design Consultant in sending and
processing submittals to ensure that documentation is being processed in
accordance with schedules.
b. Prepare a daily report or keep a diary or log book, recording Construction
Contractor's hours on the site, weather conditions, data relative to
questions of change orders, or changed conditions, site visitors, daily
activities, decisions, observations in general, and specific observations in
more detail as in the case of observing test procedures; and send copies
to City and City Design Consultant.
c. Review Construction Contractor's application for payment and recommend
payment in accordance with the procedures in the Construction Contract.
d. Establish and maintain a project documentation system consistent with the
requirements of the Construction Contract, including daily construction
reports and tracking corrections of defective work.
e. Routinely examine the Construction Contractor's "as-built" drawings to
determine that inl=ormation appears to be recorded in an accurate and
timely manner by the Construction Contractor as required in the
Construction Contract. Ensure that these drawings are provided to the
City's Design Consultant at the completion o[ the project so they can
revise the original construction drawings in accordance with the
information furnished by the Construction Contractor to reflect changes
made in the project during construction.
Reports:
a. Furnish to City periodic reports as required of progress o[ the Work and of
Construction Contractor's compliance with the progress schedule and
schedule of shop drawings and submittals. Submit monthly repods of
construction progress. Reports will describe construction progress in
general terms, construction schedule and pending and approved contract
modifications.
b. Report immediately to the City the occurrence of any site accidents, any
hazardous environmental conditions, emergencies, or acts of God
endangering the Work, and properly damaged by [ire or other causes.
7. Completion:
a. Before the Final Inspection, submit to Construction Contractor a list of
observed items requiring completion or correction.
b, Observe whether Construction Contractor has arranged for inspections
required by laws and regulations, including but not limited to those to be
performed by public agencies having jurisdiction over the Work.
c. Participate in a final inspection in the company of the City Design
Consultant, the City, and Construction Contractor and prepare a final list
of items to be completed or corrected.
d. Before the City issues the Final Acceptance, observe whether all items on
final list have been completed or corrected and make recommendations to
City concerning acceptance and issuance of the Final Acceptance. Assist
the City in obtaining legal releases, permits, warranties, spare parts, and
keys from the Construction Contractor.
rEXHIBIT 'A" I
Pig. 3 of 4
D. Project Inspector shall not:
Authorize any deviation from the Construction Contract or substitutions of
materials or equipment (including "or-equal" items) without prior City Design
Consultant's authorization.
2. Exceed limitations of Consultant's authority as set forth in this Agreement.
3. Undertake any of the responsibilities of Construction Contractor,
subcontractors, suppliers, or Construction Contractor's superintendent.
Advise on, issue directions relative to or assume control over any aspect of
the means, methods, techniques, sequences or procedures of Construction
Contractor's work unless such advice or directions are specifically required by
the Construction Contract, or without prior City Design Consultant's
authorization.
Advise on, issue directions regarding, or assume control over safety
precautions and programs in connection with the activities or operations of
the City or Construction Contractor.
Participate in specialized field or laboratory tests or inspections conducted off-
site by others except as specifically authorized by the City.
7. Accept shop drawings or sample submittals from anyone other than
Construction Contractor.
8. Authorize the City to occupy the Project in whole or in par1 except as
specifically authorized by the Construction Contract.
3. SCHEDULE:
TASK
1 Construction Phase (52 Weeks)
2. Warranty Phase (2 weeks)
BEGIN
May 1,2005
April 15, 2007
END
May 1,2006
May 1, 2007
4. FEES:
PROJECT INSPECTOR (P.E.)
$130.00 Per Hour
Hours Total
SECRETARY
$45.00 Per Hour
Hours Total
TASK
TOTAL
1. CONSTRUCTION PHASE 2,080
2. WARRANTY PHASE 40
TOTAL 2,120
$270,400.00
$5,200.00
$275,600.00
208 $9,360.00 $279,760.00
4 $180.00 $5,380.00
212 $9,540.00 $285,140.00
EXHIBIT 'A" I
Page 4 of 4
EXHIBIT B
PROJECT NAME
Standards, Codes and Safety Requirements
The Consultant's work will be pedormed 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 properly damage;
b. Premises-operations;
c. Explosion, collapse, and underground hazard;
d. ProducVcompleted 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
Bodily injury and Consequent Death
Property Damage
$ 500,000 Per Person
$1,000,000 Per Occurrence
$1,000,000 Per Occurrence
IEXHIBIT "B" I
Page 1 of 3
Automobile liability coverage for all owned, non-owned, or rented vehicles.
Minimum coverage amounts will be:
Bodily Injury and Consequent Death
Bodily Injury and Consequent Death
Property Damage
$ 500,000 Per Person
$1,000,000 Per Occurrence
$ 500,000 Per Occurrence
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.
5. 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 material 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 Chdsti, TX 78469-9277
EXHIBIT "B"I
Page 2 of 3
For workers compensation insurance, lO-days notice of cancellation or material 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 City 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.
The Consultant will be responsible [or 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 [or 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 cedificates of insurance and endorsements will be
collected by the Consultant and available for City review upon request.
EXHIBIT"B"
Page 3 of 3
City of
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
Cit~ el Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking IQ do business with the City
to provide the following inlormation. Every question must be answered. It the question is not applicable, answer with
"N/A".
FIRM NAME: Goldston Enrlineerin(l, Inc.
STREET: 210 S- Carancahua, Suite 200 CITY:
FIRM Is: 1. Corporation X 2. Partnership__
5. Other
Corpus Chdsti ZiP: 78403
3. Sole Owner 4. Association
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
State the names of each employee et the City of Corpus Christi having an ownership Interest constituting
3% or more et the ownership in the above named tlrm.
Name 5ob 13Ua and City Doparlment (1[ known)
N/A
State the names of each official of the City of Corpus Christi having an ownership Inte~at consUtuUng 3%
or more of the ownership In the above named firm.
Name Tiao
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 firm.
Name Board, Commission or Commitlee
N/A
State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on
any melter related to the subject of this contract and has an ownership interest constituting 3% or more of
the ownership In the above named firm.
N~mo Consullan[
N/A
CERTIFICATE
I certify that all information provided is true and correcl as el the date of this statement, that I have not knowingly
withheld disclosure of any in[ormation requested; and that supplemental statements will be promptly submitted to the
City et Corpus Christi, Texas as changes occur.
Cer~itythg Person: Sidney Faas, P.E. Title: Vice President
Signature of Certifying Person: ~.~ C-~~ Date: '~] I z~/~
IEXHIBIT "C"
Page 1 o[ 2 I
DEFINITIONS
a. Board Member. A member of any beard, commission or committee appointed by the City Council ot the City ol
Corpus Chdsti, Texas.
b. Employee. Any person employed by the City ot Corpus Christi, Texas, either on a full or part time basis, but not as
an ~ndependent contractor.
c. Firm. Any entity operated for economic gain, whether prolessional, 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, jo nt van ute,
rece versh p or trust and entities which, for purposes of taxation, are treated as non-protit organizations.
d. 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 ot Corpus Christi, Texas.
e. Ownership Interest. Legal or equitable interest, whether actL~ally or constructively held, in a frm, nc ud ng when
such interest is held through an agent trust estate or holding entity. Constructively held refers to holding or
contro estab shed through voting trusts, proxies or special terms of venture or partnership agreements.
f. Consultant. Any person or lirm such as engineers and architects, hired by the City of Corpus Christi tor the
purpose of protessonal consultation and recommendation.
IEXHIBIT "C"
Page 2 o1' 2 I
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I EXHIBIT "D" I
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