HomeMy WebLinkAboutC2005-659 - 12/13/2005 - Approved
AMENDMENT NO.1
CITY 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 Roots/Foster
Associates. Inc., a Texas corporation, 4600 Ocean Drive, Corpus Christi, Nueces County,
Texas 78412, (Architect/Engineer - AlE), hereby agree as follows:
1. SCOPE OF PROJECT Senior and Recreation Facilities Renovation (Project No.
3275) - Bond 2004
Renovations and maintenance improvements to the following facilities: Lindale Recreation
Center. Joe Garza Recreation Center, Oak Park Recreation Center, Oso Recreation
Center, T.C. Ayers Recreation Center, Ethel Eyerly Community Center, and Northwest
Senior Center as per the attached Exhibit A-1 Task List.
Parking lot improvements to the following facilities: Oveal Williams Senior Center, Lindale
Senior Center, Greenwood Senior Center, Zavala Senior Center, and Heritage Park
Facility as per the attached Exhibit A-1 Task List.
ADA compliance, maintenance improvements and enhancements to the following
facilities: Collier Pool, Greenwood Pool, H.E.B. Pool, Joe Garza Pool, Oso Pool, Parker
Pool, Violet Pool, T.C. Ayers Pool, and West Guth Pool as per the attached Exhibit A-1
Task List.
2. SCOPE OF SERVICES
The AlE hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, AlE
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. Exhibit "A-1" provides supplemental description of
services to Exhibit "A" and does not intended to supersede services described in Exhibit
.'A". Work will not begin on Additional Services until requested by the AlE (provide
breakdown of costs, schedules), and written authorization is provided by the Director of
Engineering Services.
AlE 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
,...,_ _ ^ Ir-
. work on those authorized Basic Services for this contract upon
2005-659 :>ceed from the Director of Engineering Services. Work will not
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begin on any phase or any Additional Services until requested in writing by the AlE 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" An. 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 AlE 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.
AlE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested
requires an additional fee.
4. MANDATORY REQUIREMENTS
AlE agrees to the mandatory contract and insurance requirements as set forth in Exhibit
"8"
5. FEE
The City will pay the AlE a fee, as described in Exhibit "A", for providing services
authorized. Monthly invoices will be submitted in accordance with Exhibit "0".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the AlE at the address of record. In this event, the AlE will be
compensated for its services on all stages authorized based upon AlE 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 AlE 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 AlE 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 AlE staff. If the AlE 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 AlE fee may be assigned in
advance of receipt by the AlE 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.
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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 AlE without the express written consent of the Director of Engineering
Services. However, the AlE 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. INSURANCE, INDEMNIFICATION AND HOLD HARMLESS
The Consultant will submit to the City Engineer a certificate of insurance, with the City
named as additionally insured, showing the minimum coverage set forth in Exhibit "8" by
an insurance company acceptable to the City. The Consultant further agrees to indemnify,
save harmless and defend the City of Corpus Christi, and its agents, servants, and
employees as more fully set forth in Exhibit "B".
11. DISCLOSURE OF INTEREST
AlE 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".
on W. Foster, .A.
4600 Ocean Dr" e
Corpus Christi, TX 78412
(361) 855-6253 Office
(361) 855-6255 Fax
CITY OF CORPUS CHRISTI
BY~~{~IofO;;--
Ronald F. Massey Date
Assistant City Manager
8y
RECOMMENDED
oj
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Director of Engineering Services
ArrEST
By ~
Armando Chapa, City Sa tary
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APPROVED AS TO FORM
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EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
1. SCOPE OF SERVICES
A. Basic Services.
Basic Services will include the following in addition to those items shown on
Exhibit" A-1" Task List.
1. Preliminary Phase. The ArchitecVEngineer-AlE was authorized under a small
contract to complete an Engineering Letter Report.
2. Design Phase. Upon approval of the preliminary phase, designated by
receiving authorization to proceed, the AlE will:
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a. Study, verify, and implement Engineering Letter Report
recommendations including construction sequencing, connections to the
existing facilities, and incorporate these plans 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, notice to bidders,
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 package and one Job Order Contract (J.O.C.)
package, 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. 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 estimates of probable costs for bid package and that
necessary in conjunction with review of Job Order Contract prices.
e. Furnish one (1) copy of the interim plans (plans only-identify needed 16
division specification categories) to the City staff for review and approval
purposes with estimates of probable construction costs. Identify
distribution list for plans and bid documents to all affected utilities
including City and all other affected entities. Required with the interim
plans is a "Plan Executive Summary" which will identify and summarize
the project by distinguishing key elements such as:
· Building Size
· Material, etc.
· Why one material is selected over another
· Pluses of selections
· Permit requirements and why
· Constructability, etc.
· Specific requirements of the City
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· Standard specifications
· Non-standard specifications
· 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. Coordinate/review final plans and pricing with J.O.C. contractor and adjust
plans/documents, as required, via addendum or other approved means to
meet construction budget or modified construction budget as approved by
Engineering Services.
h. If required, provide traffic controls including a Traffic Control Plan,
illumination, markings and striping, signalization, and as delineated by the
City Traffic Engineering Department.
I. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure
that submittal of the interim, and final complete plans and complete bid
documents with specifications accurately reflect the percent completion
designated for bid package and that necessary with respect to that
required by Job Order Contract and do not necessitate an excessive
amount of revision and correction by City staff. The Consultant AlE and
Sub-consultant AlE 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.
J. 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 and Job Order
Contract documents henceforth become the sole property and ownership
of the City of Corpus Christi.
k. 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.
I. Prepare and submit monthly status reports with action items developed
from monthly progress and review.
m. Provide a Storm Water Pollution Prevention Plan, as required.
n. Ordinance No. 19663 establishes the Municipal Public Arts Program
requiring works of art to be included in certain city vertical construction
projects. If it is determined this project is subject to Municipal Public Art
Program, the architecVengineer will cooperate during the design process
to fulfill the requirements of the ordinance.
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.
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c. Provide the City's standard specifications, standard detail sheets,
standard and special provisions, and forms for required bid documents.
d. Provide the necessary coordination and information relative to Job Order
Contract (J.O.C.) and required procedures for J.O.C. contractor and AlE
interaction.
3. Bid and J.O.C. Negotiation Phase. The AlE will:
a. Participate in the pre-bid conference and initial negotiation with J.O.C.
Contractor and provide a recommended agenda for critical construction
activities and elements impacting the project.
b. Assist the City in solicitation of bids by identification of prospective
bidders, and review of bids by solicited interests and confirmation of final
negotiated pricing breakdown by J.e.c. contractor.
c. 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.
d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and
make recommendation concerning award of the contract.
e. In the event the lowest responsible bidder's bid exceeds the project
budget as revised by the Engineering Services in accordance with the
AlE'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 and J.e.c. contractor.
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 AlE) any addenda, prepare and supply bid tabulation
forms, and conduct bid opening.
c. Receive the AlE's recommendation concerning bid and J.e.c. cost
breakdown evaluation and recommendation and prepare agenda
materials for the City Council concerning bid awards.
d. Prepare, review and provide copies of the contract for execution between
the City and the contractor.
4. Construction Phase. The AlE will perform contract administration to include
the following:
a. Participate in pre-construction meeting conference and provide a
recommended agenda for critical construction activities and elements
impacted the project.
b. Review for conformance to contract documents, shop and working
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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 required changes, which do not affect the
contractor's price and are not contrary to the general interest of the City
under the contract.
e. Prepare color board for City's approval of selected colors and issue color
schedule of approved selections to contractor.
f. 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.
g. Review contractor's Application & Certificate for Payment as to status of
completion for which payment is requested and certify.
h. Prepare change orders as authorized by the City (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. Prepare Change
Orders, which affect the contract price, for City's approval prior to
execution of such work. Payment to AlE for such change order work shall
be by amendment to this contract, agreed to and approved/executed by
City subsequent to AlE's submitted proposal request.
I. Make final inspection with City staff and provide the City with a Certificate
of Completion for the project.
J. As applicable, review and assure compliance with plans and
specifications, the preparation of operating and maintenance manuals (by
the Contractor) for all equipment installed on this Project.
k. Review construction "red-line" drawings, prepare record drawings of the
Project as constructed (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 graphics data will be in dxf format with each layer being provided in a
separate file. Attribute data will be provided in ASCII format in tabular
form. All electronic data will be compatible with the City GIS system.
The City staff will:
a. Designate an Inspector from Engineering Services for Project.
b. Prepare applications/estimates for payments to contractor.
c. Conduct the final acceptance inspection with the Engineer.
d. Prepare monthly time statements on contractor's time (calendar days
used) unless AlE is assigned inspector for additional fees.
e. Review contractor's monthly payrolls.
f. Prepare closeout 'Project Summary' and 'Contractor's Evaluation Report.
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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 AlE 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 AlE will, with written authorization by the Director of Engineering Services, do
the following:
1. Permittina. Furnish the City all technical data and documentation necessary
for all required permits. The AlE will prepare this documentation for all
required signatures. The AlE will prepare and submit all permits as
applicable to the appropriate local and state authorities and pay all fees for:
· Texas Department of Licensing and Regulation (TDLR)
2. Survey (Field Work). Provide field surveys/investigations of site & facilities,
as required for design, including the necessary control points, coordinates
and elevations of points. For topographic work, 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.
3. Environmental Issues.
a. Provide environmental site evaluations 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.
4. Construction Observation Services.
Provide additional periodic construction inspection.
A. Through such additional observations of Contractor's work in progress
and field checks of materials and equipment, the AlE shall endeavor to
provide further protection for the City against defects and deficiencies in
the work.
B. Conference and Meetings: Attend meetings with contractor, such as pre-
construction conferences, progress meetings, job conferences and other
project-related meetings as required by the City, and prepare and circulate
copies of minutes thereof.
C. Liaison:
1. Serve as liaison with Contractor, working principally through
Contractor's superintendent and assist in understanding the intent of
the contract documents.
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2. The AlE shall communicate with City as needed.
D. Interpretation of Contract Documents: Report when clarifications and
interpretations of the contract documents are needed and. transmit to
Contractor clarifications and interpretations as issued.
E. Shop Drawings and Samples:
1. Receive Samples, which are furnished at the site by Contractor, and
notify of availability of samples for examination.
2. Record date of receipt of samples and approved shop drawings.
3. Advise Contractor of the commencement of any portion of the work
requiring a shop drawing or sample submittal for which the AlE believes
that the submittal has not been approved.
F. Review of Work and Rejection of Defective Work:
1. Conduct on-site observations of Contractor's work in progress to
determine if the work is in general proceeding in accordance with the
Contract documents.
2. Report whenever any part of Contractor's work in progress will not
produce a completed Project that conforms to the Contract Documents
or will prejudice the integrity of the design concept of the completed
Project, or has been damaged, or does not meet the requirements of
any inspection, test or approval required to be made; and advise City
that the AlE believes should be corrected or rejected or should be
uncovered for observation, or requires special testing, inspection or
approval.
3. Observe whether 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.
G. Records:
1. Maintain orderly files for correspondence, reports of job conferences,
reproductions of original Contract Documents including all Change
Orders, Field Orders, Work Change Directives, Addenda, additional
Drawings issued subsequent to the Contract, AlE's clarifications and
interpretations of the Contract Documents, progress reports, Shop
Drawing and Sample submittals received from and delivered to
Contractor, and other Project related documents.
2. Review contractor daily reports and send copies to the City.
H. Reports:
1. Furnish periodic reports as required of progress of the work and of
Contractor's compliance with the progress schedule and schedule of
shop drawing and sample submittals.
2. Report immediately to the CITY the occurrence of any site accidents,
any hazardous environmental conditions, emergencies, or acts of God
endangering the Work, and property damaged by fire or other causes.
I. Completion:
1. Before the issue of Certificate of Completion, submit to Contractor a list
of observed items requiring completion or correction.
2. Participate in a final inspection with the CITY and Contractor, and
prepare a final list of items to be completed or corrected.
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3. Observe whether all items on final list have been completed or
corrected and make recommendations concerning acceptance and
issuance of the Notice of Acceptability of the Work.
5. Public Meetinas. Participate in public meetings to coordinate with the
community and to obtain community support for the projects to include all
necessary exhibits as directed by the City.
6. Warranty Phase. Provide a maintenance guaranty inspection toward the
end of the one-year period after acceptance of the Project. Note defects
requiring contractor action to maintain, repair, fix, restore, patch, or replace
improvement under the maintenance guaranty terms of the contract.
Document the condition and prepare a report for the City staff of the locations
and conditions requiring action, with its recommendation for the method or
action to best correct defective conditions and submit to City Staff. Complete
the inspection and prepare the report no later than sixty (60) days prior to the
end of the maintenance guaranty period.
7. Provide the services above authorized in addition to those items shown on
Exhibit "A-1" Task List.
2 SCHEDULE
DAY
Tuesda
Monda
Frida
Tuesda
Frida
Frida
Frida
Weekda
Weekda
Weekda
Weekda
PROPOSED PROJECT SCHEDULE
DATE ACTIVITY
Au ust 30, 2005 Be in Prelimina Phase
December 19, 2005 Be in Desi n Phase
March 3,2006 Interim Submittal
March 21,2006 Cit Review Meetin
A ril 28, 2006 Pre-Final Submittal
Ma 5, 2006 Cit Review Meetin
Ma 12,2006 Final Submittal
Ma 2006 Advertise for Bids
June 2006 Receive Bids
June 2006 Be in Construction
March 2007 Construction Com letion
3. FEES
A. Fee for Basic Services. The City will pay the AlE 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, AlE will
submit monthly or phase completion statements for basic services rendered. In
Section 1.A.1-3, the statement will be based upon AlE's estimate (and City
concurrence) of the proportion of the total services actually completed at the time
of billing.
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EXHIBIT A-l
(Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.)
SENIOR AND RECREATION FACILITIES RENOVATION
PROJECT NO. 3275
TASK LIST
1) Perform field investigation as required to define specific areas of demolition
and new work, equipment, locations, tie-in point, further confirm or update
existing site and building plans and other applicable parameters required to
complete the items as shown on this Task List and prepare necessary design
and construction documents to execute construction of specific improvement,
repair, enhancement items listed for each of the 21 project facilities in
Engineering Report for this project.
2) Attend and participate in project start and planning meetings (2 meetings)
with City staff to discuss planning and conceptual design. Gather information
and perform close coordination with Parks & Recreation Department staff.
3) Coordinate with J.G.C. contractor for on-site tour, as required, to ascertain
any destructive investigation necessary; to ascertain level of construction
documents necessary to convey work of various types of items; review cost
estimates / pricing by J.G.C. contractor and other necessary coordination.
4) Prepare seven (7) copies of a preliminary phase completion report,
subsequent to completion of the phase to include site review, acknowledging
completion and confirming findings of Engineering Report for the project or
noting changes necessary with reasons for same. Review code and Texas
Department of Licensing and Regulation (TDLR) requirements affecting work
of the project and prepare preliminary design of various enhancements and
remodel improvements for review and approval and include in report.
5) Prepare necessary description of location for boring holes at various sites and
coordinate with selected geotech study firm as required to initiate this work.
6) Review with City staff for approval, amend as required and proceed to Design
Phase.
7) Prepare construction documents per city standards for bid package and as
required for J.G.C. contract and in compliance with applicable codes &
reg u lations.
The AlE shall perform the above services in full consideration of the essential
required parameters as described in Engineering Report for this project, prepared by
Roots/Foster Associates, Inc., dated 10/10/05 originally and as may be further
amended. Such Engineering Report describes specific work tasks/items to be
executed at each of the 21 facilities. The scope of work includes:
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· Renovations and Maintenance Improvements to Facilities:
o Lindale Recreation Center
o Joe Garza Recreation Center
o Oak Park Recreation Center
o Oso Recreation Center
o I.C. Ayers Recreation Center
o Ethel Eyerly Community Center
o Northwest Senior Center
· Parking Lot Improvements
o Oveal Williams Senior Center
o Lindale Senior Center
o Greenwood Senior Center
o Zavala Senior Center
o Heritage Park Facility
· ADA Compliance, Maintenance Improvements and Enhancements
o Collier Pool
o Greenwood Pool
o H.E.B. Pool
o Joe Garza Pool
o Oso Pool
o Parker Pool
o Violet Pool
o T.C. Ayers Pool
o West Guth Pool
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Exhibit B
Mandatory Requirements
(Revised September, 2001)
I~$VRANC~ ~EQlI'REMEl'iT~
I. CONSULTANT LIABILITY INSURANCE
A. The Consultant shall not commence work under this Agreement until
he/she has obtained all insurance required herein and such insurance
has been approved by the City. Nor shall the Consultant allow any
subconsultant to commence work until all similar insurance required of
the subconsultant has been so obtained.
B. The Consultant shall furnish two (2) copies of certificates, with the City
named as an additional insured, showing the following minimum
coverage in an insurance company acceptable to the City.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-Day Notice of Cancellation required on all Bodily Injury and Property Damage
certificates
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations Hazard
6. Contractual Insurance
7. Broad Form Property Damage
8. Independent Consultants
9. Personal Injury
AUTOMOBILE L1ABILlTY.-OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS=
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY $100,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION L1ABILlTY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include [ ] REQUIRED
long-tern environmental impact for the disposal of [X] NOT REQUIRED
contaminants
BUilDERS' RISK See Section B-6-11 and Supplemental Insurance
Requirements
[ ] REQUIRED [Xl NOT REQUIRED
INST ALLA TION FLOATER $100,000 Combined Single Limit
See Section 8-6-11 and Supplemental
Insurance Requirements
[] REQUIRED [Xl NOT REQUIRED
Exhibit "B" - Insurance Requirements
Page 1 of 3
C In the event of accidents of any kind, the Consultant shall furnish the City with copies
of all reports of such accidents at the same time that the reports are forwarded to any
other interested parties.
II. HOLD HARMLESS
A. Consultant agrees to indemnify, save harmless and defend the City of Corpus
Christi, and its agents, servants, and employees, and each of them against and
hold it and them harmless from any and all lawsuits, claims, demands, liabilities,
losses and expenses, including court costs and attorneys' fees, for or on
account of any injury to any person, or any death at any time resulting from
such injury, or any damage to any property, which may arise or which may be
alleged to have arisen out of or in connection with the work covered by this
contract. The foregoing indemnity shall apply except if such injury, death or
damage is caused by the sole or concurrent negligence of the City of Corpus
Christi, its agents, servants, or employees or any other person indemnified
hereunder.
B. The Consultant shall obtain workers' compensation insurance coverage through a
licensed insurance company or through self-insurance obtained in accordance with
Texas law. If such coverage is obtained through a licensed insurance company, then
the contract for coverage shall be written on a policy and endorsements approved by
the Texas State Board of Insurance.
If such coverage is provided through self-insurance, then within ten (10) calendar days
after the date the City requests that the Consultant sign the contract documents, the
Consultant shall provide the City with a copy of its certificate of authority to self-insure
its workers' compensation coverage, as well as a letter, signed by the Consultant,
stating that the certificate of authority to self-insure remains in effect and is not the
subject of any revocation proceeding then pending before the Texas Workers'
Compensation Commission. Further, if at any time before final acceptance of the
Work by the City, such certificate of authority to self-insure is revoked or is made the
subject of any proceeding which could result in revocation of the certificate, then the
Consultant shall immediately provide written notice of such facts to the City, by
certified mail, return receipt requested directed to: City of Corpus Christi, Department
of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 - Attention:
Contract Administrator.
Whether workers' compensation insurance coverage is provided through a licensed
insurance company or through self-insurance, the coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred by the
Consultant will be promptly met.
C. 8uilEler's Ri&k CO'Jerage: Consultant '.viII be responsiblo for providing bl:lildor's risk
insuranoo oO'lorage for the torm of tho oontract up to and inoluding the date the City
finally aooepts tho projoot or work. 8uildor's risk ooverago shall bo an "All Risk" fOFm.
Tho ""elioy shall be a oompleted 'Jaluo form. The Consultant shall provido suoh
bLJildors risk ooverago at loast in tho affiOl::lnt of $ (
DOLLARS) whioh is ostimated to eo tho 'Jaluo at somplotioA of tho
roal or pomonal property to bo GonctrblotoEl, repairod or etRerwiso improveElunQor tho
oontract.
Consultant shall be responsible far paYfng all GostG nooessaf)' te preeura sush
Exhibit "S" - Insurance Requirements
Page 2 of 3
buildor's risk insuranco covorago, inoh::lding any doeh:lotiblo. Tho City shall bo namod
an aEh:UtiGRal inslJrod on any polioy proviaing such insuranse Go'/orago.
III. On the certificate of insurance:
· The City of Corpus Christi is to be named as an additional insured on the liability
coverage. except for workers' compensation coverage.
· Should your insurance company elect to use the standard ACORD form, the
cancellation clause (bottom right) shall be amended by adding the wording
.changed or. between "be" and "cancelled" and deleting the words "endeavor to" and
the wording after "left". If the cancellation clause is not amended in the ACORD form,
then endorsements shall be submitted.
· The name of the project also needs to be listed under "description of operations".
· At least 10-day written notice of change or cancellation will be required.
IV. A completed Disclosure of Interest must be submitted with your proposal.
Exhibit "B" - Insurance Requirements
Page 3 of 3
~ City of
~ Corpus
=- = Chnsti
~
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 not applicable, answer with
"N/A"
FIRM NAME: Roots/Foster Associates. Inc. - Architects
STREET: 4600 Ocean Drive CITY: Corpus Christi ZIP: 78412
FIRM is: 1 Corporation X 2. Partnership_ 3. Sole Owner_ 4. Association_
S Other ________ _ _ _____
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each employee of the City of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the above named firm.
Name Job Title and City Department (if known)
N/A
2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3%
or more of the ownership in the above named firm.
Name Title
N/A
3. State the names of each board member of the City of Corpus Christi having an ownership interest
constituting 3% or more of the ownership in the above named firm.
Name Board. Commission or Committee
N/A
4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an ownership interest constituting 3% or more of
the ownership in the above named firm.
Name Consultant
N/A
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 reqUe~d; and that supplemental statements will be promptly submitted to the
City of Corpus Christi, Texas as changes 0 r.
./ ~.,
Certifying Person: Roo W. Foster. A.1.i-:::' /" ~ Title: Vice President
(Type or Pnnt) /. / ~=- b /. __
Signature of Certifying Person: //t ~ tP./ ~ Date: /~ 7/tJ J
, / . .
(
EXHIBIT "C"
Page 1 of 2
a.
DEFINITIONS
Board Member. A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas.
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.
Firm. Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations.
Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,
Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas.
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 holoing or
control established through voting frusts, proxies or special terms of venture or partnership agreements.
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.
b.
c.
d.
e.
f.
EXHIBIT "e"
Page 2 of 2
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