Loading...
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 ~00000~ ooo~ ggg o oo~ I EXHIBIT "D" I Page 1 of 1