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HomeMy WebLinkAboutC2005-248 - 5/24/2005 - 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 LNV Enqineerinq, Inc., a Texas corporation, 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas 78408, (ArchitectJEngineer - A/E), hereby agree as follows: 1. SCOPE OF PROJECT (Bay Trail, Phase 3 (Project No. 3229)) The route for the Bay Trail, Phase 3 Hike and Bike Trail is approximately 4,100 linear feet 10- foot wide trail that will extend from the end of the pavement on Holly Road to the Oso Bay. The project will include a parking lot at the end of Holly Road, a timber bridge and primitive hiking trails into the Carr property and along the uplands of the Cayo Del Oso through the Peterson, Hammonds and Naval Air Station properties to S.P.I.D. A future hike and bike trail, which will connect Bay Trail, Phase 3 to Bay Trial Phases 1 and 2, will extend as an on-street trail along future Holly Road from this project's limits to the intersection of Holly Road and future Ennis Joslin Road (Spur 3). From the intersection of Holly Road and the future Ennis Joslin Road (Spur 3 Extension), the revised route will extend as an on-street trail along the future Ennis Joslin (Spur 3) to the intersection with S.P.I.D. Future sections of the Bay Trail along Holly Road and future Ennis Joslin Road (Spur 3) are estimated to be constructed in 2008. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to pedorm 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-1 ", 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 bythe 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 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. 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 A/E and written authorization is provided by the Director r~f Engineering Services. The anticipated schedule of the preliminary 2005-248 05/24/05 Contract for Engineering (AJE) Servioes Page 1 of 3 M2005-158 RAIL PHASE 3iCONSUL YAN P CONTRACT PROFESSIONAt SERVICES LNV Engineering phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E 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. 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 A/E agrees to the mandatory contract and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E 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 wdtten 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 A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. ASSIGNABILITY The A/E 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 A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inu re 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 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. 8. 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 A/E without the express written consent of the Director of 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. Conbac[ for Engineering (A/E) Services Page 2 of 3 H ~LJSENS2/HOME/VELMAFAGEN/PARK & REC'~BAY TRAIL PHASE 3 CONSUL FAN [~CONTRACT PROFES.SIONAE SERVICES 9. DISCLOSURE OF INTEREST A/E 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 Ronald F. Massey, L.~ Date Assistant City Manager RECOMMENDED Ang,~ I~'. Escobar, P.E., Date Director of Engineering Services ATTEST By / Armando~w D a n -S':-L-~....y~e cke r, P.E. Date Presidefit 801 Navigation, Suite 300 Corpus Christi, TX 78408 (361) 883-1984 Office (361) 883-1986 Fax APPROVED AS TO FORM Conbac[ [~r Engineering (NE) Senzices Page 3 of 3 H/USER$2~I IOMEIVELMAp/GEN/PARK & REC/BAY TRAIL PHASE 3/CONSULTAN~CONTRACT PROFESSIONAL SERVICES EXHIBIT A CITY OF CORPUS CHRISTI, TEXAS 1. SCOPE OF SERVICES A. Basic Services 1. Preliminary Phase. The Architect/Engineer-NE will: It is the intent of the Preliminary Phase to provide a study and report of project scope with technical evaluation of alternatives, and upon approval, proceed in a Desiqn Summary Report and Schematic (TXDOT approved format) which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratorytesting. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts). b. Confer with the City/TXDOT staff regarding the design parameters of the Project. The Engineer will participate in a minimum of four (4) formal meetings with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will par[icipate in discussions with the operating department and other agencies (such as the Texas Department of Transportation (TxDOT) and Texas Commission of Environmental Quality (TCEQ)) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Desiqn Summary Report and Schematic, with Executive Summary, Opinion of Probable Construction Costs, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Desiqn Summary Report and Schematic will include the following (with CONSTRUCT.ABILITY being a major element in all the following items): 1 ) Review of the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The NE will meet with CityFFXDOT staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). FI HSFRS2/HOME~VELMAP/GENSPARK & RECtBAY TRAIL PHASE 3 C©NSULTAN~EXHIBIT A EXHIBIT "A" I Page 1 of 7 3) Identify results of site field investigation including site findings, existing conditions, and probable Project design solutions; (which are common to municipalities and acceptable to TXDOT). 4) Provide a presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILI~Y). 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 7) Confer, discuss, and meet with City/TXDOT operating depar[ment(s) and Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cost estimates(s) and design alternatives. 8) Provide a letter stating that the A/E and Sub-consultant Engineers have checked and reviewed the Design Summary Report and Schematic prior to submission. 9) Provide a Design Summary Report and Schematic which will include an Executive Summary, Opinion of Probable Construction Costs, and timeline schedule of project. Perform the items as shown on Exhibit "A-I" Task List. City staff will provide one (1) set only of the following information (as applicable): a. Record drawings, record information of existing facilities, and utilities (as available from City Engineering files). b. The preliminary budget, specifying the funds available for construction. c. Aerial photography for the Project area. d. Through separate contract, related GIS mapping for existing facilities. e. A copy of existing studies and plans (as available from City Engineering files). f. Provide applicable Master Plans. EXHIBIT "A" I Page 2 of 7 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a. Study, verify, and implement Design Summary Report and Schematic recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City/-I-XDOT Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of Construction Bid and Contract Documents in TXDOT format (using City Standards as applicable), including plans, specifications, and estimate in accordance with TXDOT PS&E preparation manual. c. Provide assistance identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs and probable construction schedule. e. Furnish one (1) copy 30%, 60%, 95%, and 100% plans (plans only-identify needed specifications) to the City/TXDOT staff for review and approval purposes with estimates of probable construction costs. Required with the 30% and 60% plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: · ROW requirements and why · Permit requirements and why · Easement requirements and why · Embedment type and why · Constructability, etc. · Specific requirements of the City/TXDOT · Any unique requirements · Cost, alternatives, etc. · Owner permit requirements and status f. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. g. Furnish complete construction plans including specifications for City staff review and approval. Provide one (1) copy of 95% and Final complete plans to the City/TXDOT staff for review and approval purposes with revised estimates of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City/TXDOT 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. h. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 30%, 60%, 95%, and Final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City/TXDOT staff. The Consultant A/E and Sub-consultant A/E I EXHIBIT"A" I Page 3 of 7 I I USEk~S2~IOME/VELMAP GEN/PARK & REC BAY TR',It PHASE ~!COHSULYAN~EXHIBIT A shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. Provide a Traffic Control Plan which includes illumination, markings, and striping as delineated by the CityFFXDOT. j. Upon approval by TXDOT and the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City/TXDOT Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi/TXDOT. k. The City agrees that any modifications of the submitted final plans (for other uses by the City/TXDOT) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. I. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. m. 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. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additiona~ 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 A/E will, with written authorization by the Director of Engineering Services, do the following: Permittinq. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT Permits/Amendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit I EXHIBIT"A" I Page 4 of 7 I ~ ~US E RS2/H Q ME'WE LMAFSGE N'~PARK & REC B/W TRAIL PI I,', S E 3 CONSUL yAH%/EXHIBIT A NPDES Permit/Amendments Texas Commission of Environmental Quality (TCEQ) Permits/Amendments Nueces County Texas Historical Commission (THC) U.S. Fish and Wildlife Service (USFWS) U.S. Army Corps of Engineers (USACE) United States Environmental Protection Agency (USEPA Texas Department of License and Regulation (TDLR) Texas General Land Office FEMA Riqht-of-Wav (ROW) Acquisition Survey. The A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1 -A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TXDOT requirements as applicable. A/E Consultant will be required to 3erform all necessary deed research. Topoqraphic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). 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. Environmental Issues a. Provide environmental site evaluations and Archeology Reports that are needed for the Project, b. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. I EXHIBIT"A" I Page 5 of 7 ~ USEHS2/HOME/VELMAP/GEN/PARK & FtEC BAY TFLAIL PHASE 3~CONSUL rANT/EXHIBIT A 2. SCHEDULE DAY Wednesday Monday Monday Monday Monday Monday Monday Friday Friday Friday PROPOSED PROJECT SCHEDULE DATE May18,2005 July18,2005 August1,2005 August 15, 2005 August 22, 2005 September 5, 2005 September 19, 2005 October 21,2005 November 4, 2005 December 9, 2005 ACTIVITY Begin Preliminary Phase Submit Design Summary and Schematics Review Design Summary and Schematics by City/TXDOT 30% Submittal City/TXDOT Review 60% Submittal City/TXDOT Review 95% Submittal CityFFXDOT Review Final Submittal 3. FEES Fee for Basic Services. The City will pay the A/E 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 IA.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-2, A/E will submit monthly statements for basic services rendered. In Section I.A.1-2, the statement will be based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E'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 A/E a not-to-exceed fee as per the table below: I EXHIBIT"A" I Page 6 of 7 H USEF/S2~,HOME!VELMAP~GEN/PARK & RECtBAy TRAIL PHASE 3 CONSULTANTtEXHIBIT A C. Summary of Fees Fee for Basic Services 1. Preliminary Phase 2. Design Phase Subtotal Basic Services Fees $26,800.00 40,200.00 67,000.00 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) Railroads TXDOT Permits/Amendments Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments TX Commission of Environmental Quality (TCEQ) Nueces County Texas Historical Commission (THC) U.S. Fish and Wildlife Service (USFWS) U.S. Army Corps of Engineers (USACE) U.S. Environmental Protection Agency (USEPA) Texas Dept. of License and Regulation (TDLR) General Land Office FEMA Total Permitting 2. ROW Acquisition Survey (AUTHORIZED) 3. Topographic Survey (AUTHORIZED) 4. Environmental Issues Sub-Total Additional Services Fees Authorized 10,000.00 3,000.00 15,000.00 35,000.00 63,000.00 Total Authorized Fee $130,000.00 H USERS2~HOME!VELMAP~GEN~°ARK & RE~;iBAY TRAIl PHASE 3~CONSULTANT~,F×HIBII A EXHIBIT "A" I Page 7 of 7 TASK LIST CITY OF CORPUS CHRISTI BAY TRAIL, PHASE 3 PROJECT NO. 3229 BASIC SERVICES 1.0 Perform field investigation as required to define specific areas of new work, equipment, locations, tie-in point, and other applicable parameters required to complete the items as shown on this Task List. 2.0 Attend and participate in project start and planning meetings (4 meetings) with City/TxDOT staff to discuss planning and conceptual design. Gather information and perform close coordination with City/TxDOT Operating Department staff. 2.1 Prepare Exhibits for Public, Boards, Commissions, and Council meetings as requested by City/TxDOT. 3.0 Develop a preliminary construction schedule and sequencing plan that includes all the items as shown on this Task List. This schedule will include procurement, construction, testing, coordination, and provision for minimum interruption of services and construction schedules and will also take into consideration recommendations in the appropriate CityFFxDOT Master Plans. 4.0 Prepare and submit one (pdf) electronic file and one (1) copy of a Design Memorandum Summary and Schematic to the CityFFxDOT for review. The Design Summary and Schematic will include data collected and conceptual cost estimates for the anticipated equipment, civil/site work, and related construction costs for all the items as shown on this Task List and make recommendation to the City/TxD©T staff. 4.1 Review all the as built drawings, record drawings and any available reports for the existing area. 4.2 Review existing right-of-way requirements for the proposed Hike and Bike Trail and roadway crossings. 43 Review existing utility locations and any possible conflicts with the proposed route. 44 Determine proposed route, sizing, and any utility adjustments required to facilitate the proposed route. 4.5 Provide detailed schematic. 4.6 Provide alignment and typical sections. 47 Determine impacts from future Oso Parkway alignment and access to same. H ~USERS2~HOME~VELMAp!GEICPARK & REC~BAy TP~AIL PHASE 3 CONSULFAN1 EXHIBIT A 1 TASK LIST IEXHIBIT "A-I" I Page 1 of 4 4.8 Design in Accordance with: - ADA Accessibility Guidelines (ADAAG) - Texas Accessibility Standards (TAS) - AASHTO Guide for the Development of Bicycle Facilities - Note: TxDOT will provide all ADA reviews and pay for all registrations and fees associated with ADA compliance issues 5.0 Preparation of Plans, Specifications and Estimates (PS&E) 6.0 5¸1 Provide preparation of plans, specifications, and estimates (PS&E) in accordance with TxDOT PS&E Preparation Manuel, TxDOT/AASHTO Design Standards, Required TxDOT Format and any other requirements per the local District TxDOT office. 52 Provide PS&E for Schematic 30%, 60% 95%, and 100% design submittals in accordance with TxDOT project submittals checklist to include the following: · Existing and Proposed Typical Sections · Alignments · Traffic Control · Plan and Profile Sheets · Drainage · Summary Sheets · Cost Estimates · Construction Schedule · SW3P · General Notes · Timber Bridge Details · TxDOT Standards Details 5.3 Schedule and conduct required review meetings (Schematic, 30%, 60%, 95%) wi[h City/TxDOT. 5.4 Provide plans designed in accordance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA). 5.5 Provide complete PS&E with all TxDOT requirements to the City to provide to TxDOT for letting. Provide a one-page monthly progress report e-mail to the designated City staff by the fifth (5th) day of each month. Provide an additional hard copy of the one-page monthly progress report with the submittal of each monthly invoice. 14 USFRS2~HOME~VELMAI~GEN/PARK & REC/BAY TRAIL PHASE 3iCONSULTANT E×HIBIT A 1 TASK LIST IEXHIBIT "A-I" J Page 2 of 4 ADDITIONAL SERVICES 1.0 Permitting. Obtain permits for the Proposed Route for Hike and Bike Path from the Corps of Engineers, General Land Office, and TCEQ-TPDES. The City will pay all fees required for permitting. 2.0 Topographic Survey. Provide topographic survey for the proposed improvements. 2.1 Route for Hike and Bike Trail 2.2 Wooden Pedestrian Bridges 2.3 Chain Link Fence 2.4 ROW/Easement Research (Boundary of State Waters, Delineation of Wetlands) 3.0 Environmental Issues. Provide environmental site evaluations and Archeology Reports that are needed for the Project, if required. 3.1 Preliminary Survey A preliminary survey will be conducted in accordance with the Texas Department of Transportation's "Environmental Manual, Revised March 2003." The preliminary survey will consist of field reconnaissance work, data gathering and records review for the proposed Bay Trail Phase 3 off-street hike/bike trail. This preliminary survey will consider the following possible issues: 1 ) Natural Resources; 2) Cultural Resources; 3) Social and Economic Resources; 4) Air Quality; 5) Noise; and 6) Hazardous Materials. Based upon information presented, a portion of the hike/bike trail will be placed on property previously utilized/owned by the U.S. Navy. The scope of this proposal assumes that this property has been cleared of hazardous materials, if applicable. If it is determined that hazardous materials are within the project limits, the City of Corpus Christi will be immediately no[ified. 3.2 Regulatory Agency Interaction/Coordination Coordinate with the City of Corpus Christi, the Texas Department of Transportation (TXDOT), including TXDOT Permits/Amendments, Railroads, Wetlands Delineation and Permit, Temporary Discharge Permit, NPDES Permit/Amendments, Texas Commission of Environmental Quality (TCEQ) Permits/Amendments, Nueces County, Texas Historical Commission (THC), U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USACE), U. S. Environmental Protection Agency (USEPA), Texas Department of License and Regulation (TDLR), Texas General Land Office, FEMA, and any other applicable regulatory agency regarding the findings of the preliminary survey. Participate in pre-submittal meetings, as appropriate, with each applicable agency. 3.3 Preparation of Environmental Documentation The extent of the environmental documentation hinges on the significance of the individual and cumulative impacts of the project on the natural, cultural, and social/economic resources. Although there is no single measure to determine a EXHIBIT "A-I" Page 3 of 4 34 significant impact, the context and intensity of the impact will be considered when evaluating whether or not individual or cumulative significant impacts exist in the project. Based upon the proposed scope of this project, we anticipate this project will qualify for a Programmatic Categorical Exclusion (PCE). The scope of this project is limited to a PCE. If it is determined that this project does not qualify as a PCE, the City of Corpus Christi will be immediately notified. Preparation of Permits It is anticipated that a Section 404 permit (wetlands) permit may be required for up to two possible wetlands identified in this project. Based upon the proposed scope of this project, we anticipate that this project will qualify for a Nationwide Permit. Consultant will prepare the Nationwide Permit Application to include, as applicable, the purpose and need of the proposed project, a description of the proposed project, a description of the subject area, a jurisdictional waters of the United States impacts analysis, a description of the presence/absence of endangered and/or threatened species, an alternative analysis, and a description of proposed mitigation, as required. The scope of this proposal is limited to a Nationwide Permit. If it is determined that this project does not qualify for a Nationwide Permit, the City of Corpus Christi will be immediately notified. EXHIBIT "A-I" Page 4 of 4 H ~USL FIS2~110Mb~VELMAP/GEFAPARK & REC/BAY TRAIL PHASE 3~CONSUL rANT EXHIBIT A ! TASK LIST EXHIBIT B BAY TRAIL, PHASE 3 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 Bodily Injury and Consequent Death Property Damage $ 500,000 Per Person $1,000,000 Per Occurrence $1,000,000 Per Occurrence EXHIBIT "B" I Page I 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 effec[ 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 Christi, TX 78469-9277 IEXHIBIT "B" I Page 2 of 3 H USERS2~HOME!VELMAFSGEN/PARK & RECiBAY TRAIL PIIASE 3/CONSUL TANT~EXHIB~T 8 For workers compensation insurance, 1 O-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 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. EXHIBIT "B"I Page 3 of 3 City of .orpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 1 7112, 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 "N/A" FIRM NAME: LNV Enqineerinq STREET: 801 Naviqation, Suite 300 CITY: Corpus Christi, TX ZIP: 78408 FIRM is: 1. Corporation X 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. 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 TitJe and City Department (if know~) 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 firm. Name Board, Commission or Committee Dan S. Leyendecker Water Shore Advisorv Committee 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 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 promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leye~....,,~C~.f~.~.~j ~j Title: President Signature of Cedifying Person: ...',',',',',',','~. ~' ~i~.,~.~'~',.,~¢~, Date: ~""¢'/z¢'~,,~..~,~ EXHIBIT "C" [ Page 1 of 2 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. Employee. Any person employed by the City of Corpus Christi, Texas, either on a hJII or pad 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, padnershi@, corporation,joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-pro[it organizations. d. Official. The Mayor, members of the Ciby Council, Ci~ Manager, Depub~ City Manager, Assistant City Managers, Department and Division Heads and Municipal CoudJudges of the Ci~/of Corpus Christi, 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 through 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 [or the purpose of professional consultation and recommendation, I'EXI:IIBiT "C"I Page 2 of 2 0 0 0 0 0 0 0 0 0 0 0 0 0 IEXHIBIT "D" Page 1 of I I