HomeMy WebLinkAboutC2007-052 - 2/20/2007 - 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 Engineering
Inc., a Texas corporation P.O. Box 2886, Corpus Christi, Nueces County, Texas 78403,
=Consultant), hereby agree as follows
SCOPE OF PROJECT Neighborhood Street Reconstruction Project
Clusters 1, 2, 3. 5 & 7 (Project No. 6368)
This contract provides for Construction Inspection Services for the above -named project,
which consists of pavement reconstruction and /or repairs of selected neighborhood streets
to include removal and replacement of selected curb and gutter and sidewalk, ADA curb
ramps, driveways and related improvements Neighborhood street clusters include:
Cluster No Location.
Riverside Area (behind Calallen High School)
_ Nueces Bay / Buddy Lawrence Area
South Port / Greenwood Area
Holly / Kostoryz Area
Nile Area
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 A/E and
2007 -052
02'20/0'' Contract for Engineering (A/E) Services
M2007 -05.1 ct or ,epectionlCon'ra, t Professional services doc Page 1 of 3
Goldston Engineering
written authorization is provided by the Director of Engineering Services. The anticipated
schedule of the preliminary phase, design phase bid phase, and construction phase is
shown on Exhibit "A ", This schedule is not to be inclusive of all additional time that may
be required for review by the City staff and may be amended by or with the concurrence of
the Director of Engineering Services
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
,rB„
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
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 A/E and City's estimate
of the proportion of the total services actually completed at the time of termination.
LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional
services be of maximum benefit to the local economy. The A/E agrees that at least 75% of
the work described herein will be performed by a labor force residing within the Corpus
Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work
described herein will be performed by a labor force residing outside the Corpus Christi
Metropolitan Statistical Area (MSA.,
8 ASSIGNABILITY
The 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 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 written consent of the City.
Contract for Engineering (A/E) Services
<'HOME\Racheiw�G'N1Stree,sV6368 -14ei hborl,., Str?etSv(- A Page 2 of 3
g Cc � -,cnon Con• �� -fe ssona� Services doc
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.
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.
10. 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
By t�q
Ronald F. Massey Date
Assistant City Manager
RECOMMENDED
ByT _ U --r �
Angel . scoba , . E. Date
Director of Engineering Services
ATTEST
By
Armando Chapa Cit Secretary
APPROVED AS TO FORM
B
City Attorney Date
GOLDSTON ENGINEERING INC.
By_= z (t 5l
Sidney A. aas, P.E. Date
Vice President
210 S. Carancahua, Suite 200
Corpus Christi, TX 78401
(361) 888 -8100 Office
(361) 888 -8600 Fax
SECRET
Contract for Engineering (A/E) Services
Page 3 of 3
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fsOLDSTON ENGINEERING /Nc.
sr 540,,
.381 • F ? {, �'r
January 0 2007
Mr '.angel R. ,;scobar. P...
c,4 � Mr Mark Van Vleck, ' +' F.
City of Corpus Christi
P.O. Box 927"
Corpus Christi. I X 78461)-1077
X07002 -00
RE: Neighborhood Street Reconstruction Bond Issue 2004
Part A- Cluster l & 5, Part B- Cluster 2 & 3, Part C — Cluster 7, Part D — Cluster 1, 2, 3, 5 & 7
City Project 6368
Dcar - _angel:
The following �s our request for �i Contract for Professional Services regarding the scope, schedule and fee
for the subject project.
We propose to provide prmect inspector services for the construction of this project (20 hours /week for 90
weeks 'I with Mr. Philip L Boehk. P.E. assigned as the City's Project Representative. Attached is Exhibit
A
'Ac propose to provide this seryic:e for a lump sum fee of S254,250.
Thank _you for the opportunity to Provide these engineering services.
Please call Bill it you have any questions.
Very truly voul-s.
Gt tLDSTON F NGINEERING. 1tiC.
Sidney A Faas. P E.
V • ce President
SAFiWJG
Enclosures -- Budget
Exhibit A- Fask list
Y t
Wil am J. Green, P.E.
Fngineering Manager
J:,YROJECTS CC\20I!'A07002 -00 tC ITY OF CORPUS CI IRIS 1 1 CONST INSP NEIGHBORHOOD STREET RECONS1101- PROPOSAL12007 130
Pr(�posa! dnc
...,; �, , y ro/'V EXHIBIT "A"
Page 1 of 2
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EXHIBIT A
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J 1
CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES FOR
Neighborhood Street Reconstruction Bond Issue 2004
Part A - Cluster 1 & 5, Part B- Cluster 2 & 3, Part C - Cluster 7
Part D Cluster 1, 2. 3, 5 & 7
City Project No. 6368
TASK LIST
' .t:) Definition of Terms
City - City of Corpus Christi. Director of Engineering Services
t'ity Design Consultant - !_NV Engineering
consultant - Goldston Engineering, Inc.
('',onstruction Contract - The written agreement covering the performance of the
onstructior 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.
Project Inspector - The person provided by the Consultant to provide
, "onstruction inspection of The Work.
., onstruction Contractor - The person, persons, partnership, company, firm,
association, corporation, or joint venture entering into contract for the execution
of work, acting directly or through a duly authorized representative.
-The Work - All work, including the furnishing of labor, materials, tools,
equipment, and incidentals, to be performed by the Construction Contractor
carder the terms of the contrac'.
2.') :,onsultant shall provide a Project Inspector to provide full -time construction
inspection for 9C weeks at 20 hr /week and approximately 1/2 hour /week for
secretarial assistance for the Construction Phase.
EXHIBIT A -1
Page 1 of 5
,PROJECTS ,C\2007\X07002 -00 rCj CITY OF C:ORPuS CHRIST - CONST. INSP. NEIGHBORHOOD STREET RECONST105-
CONTRACTS & CHANGE ORDERS'2007 1 30 Task 1- st Exhibit A I doc
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.
The duties and responsibilities of the Project Inspector are as follows:
22 , General: Project Inspector's dealings in matters pertaining to the
Construction Contractor's work in progress shall in general be with
ity Design Consultant and Construction Contractor, keeping the City
advised as necessary
2 2 2 Conference and Meetings: Attend meetings with Construction
'__ ontractor, such as preconstruction conferences, progress meetings,
fob conferences and other project - related meetings.
2 2 3 Liaison:
a. Work ;-principally through Construction Contractor's
superintendent and assist in their understanding of the intent of
the Construction Contract
2 2 4 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
ontractor such as test reports, equipment installation reports
other documentation as required by the Construction
ontract
b Report to City whenever Project Inspector believes that any
:;art of Construction Contractor's work in progress will not
produce 3 completed Project that conforms generally to the
.:onstruction t ,ontract or will prejudice the integrity of the
(Resign concept of the completed Project as a functioning whole
as ndicated 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 it progress that Project Inspector believes should
t)e corrected or rejected or should be uncovered for
observation, or requires special testing, inspection or approval.
EXHIBIT A -1
Page 2 of 5
`,PRO.,EC -3 '_C \2007\X0'002 -00 (C Ci "`Y OF .;OR= US CHRIST - C1NST. INSP. NEIGHBORHOOD STREET RECONST\05-
- ONTPAC a, CHANGE ORDERS '007 1 K' =sk - cA = xhibit A doc
Z2 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
onstruction Contractor, and other Project related documents.
Maintain 1 document control system that tracks the processing
of Construction Contractor's submittals and provide for filing
and retrievai of project documentation. Construction
"- ontractor's submittals, including requests for information,
modification requests, shop drawings, schedules, and other
submittals shall be submitted to the City Design Consultant for
review ir• accordance with the requirements of the Construction
ontract for the project. The City Design Consultant will furnish
the Project Inspector approved for construction copies. Monitor
the progress of the Construction Contractor and City Design
onsultant ir! sending and processing submittals to ensure that
documentation is being processed in accordance with
schedule.,
I,) Prepare :-t daily report or keep a diary or log book, recording
Construction Contractor s hours on the Site, weather
onditions, 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.
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 information appears to be recorded
r 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 of the project so they can revise
the original construction drawings in accordance with the
EXHIBIT A -1
Page 3 of 5
PRO. : C\2007=7002 -00 ; ;I CI' Y OF ;ORPUS CHRIST! CONST INSP NEIGHBORHOOD STREET RECONST\05-
RCT F CHANG ODERS.207 T;_ONT _ ct Exhibit A - -7 hoc
Information furnished by the Construction Contractor to reflect
3_- :hanges made in the project during construction.
2 2 6 Reports
a. Furnish to City periodic reports as required of progress of the
'.Mork and of Construction Contractor's compliance with the
progress schedule and schedule of Shop Drawings and
submittals. Submit monthly reports of construction progress.
Reports will describe construction progress in general terms,
-onstructlon schedule and pending and approved contract
Modifications
b Report in a reasonable timeframe 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.
2 2 ? 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
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
ail items on final list have been completed or corrected and
make recommendations to City concerning acceptance and
,ssuance of the Final Acceptance. Assist the City in obtaining
legal releases permits, warranties, spare parts, and keys from
the Construction Contractor.
2 2 8 Project Inspector shall not
a. Authorize any deviation from the Construction Contract or
substitutions of materials or equipment (including "or- equal"
items).
b Exceed limitations of Consultant's authority as set forth in this
Agreement.
t: '-undertake any of the responsibilities of Construction
Contractor, subcontractors, suppliers, or Construction
Contractor's superintendent.
d. 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
EXHIBIT A -1
Page 4 of 5
.PROJECTS - C\2007 \X07002 -00 uj CI—Y OF :;ORPUS CHRIST - CONST. INSP. NEIGHBORHOOD STREET RECONST\05-
-'ONTRACT- CHANGE ORDERS'2007 ' 30 Task '_ st E xhibit A -1 doc
advice )r directions are specifically required by the
`.onstruction Contract.
e. 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
ny City
g. Accept Shop Drawings or Sample submittals from anyone other
than Construction Contractor.
n. Authorize the City to occupy the Project in whole or in part.
- "PROJECTS CC12007\X07002 -00 (C CITY OF CARPUS CHRIST': - CONST. INSP
CONTRACTS & CHANGE 0RDERS`,2007 1 30 Task _ st Exhibit A -? doc
EXHIBIT A -1
Page 5 of 5
NEIGHBORHOOD STREET RECONST105-
Exhibit B
Mandatory Requirements
(Revised September, 2001)
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
i
30 -Day Notice of Cancellation required on all
Bodily Injury and Property Damage
certificates
$2,000,000 COMBINED SINGLE LIMIT
Commercial General Liability including
? Commercial Form
Premises -- Operations
3 Explosion and Collapse Hazard
4 Underground Hazard
6 Productsr Completed Operations Hazzard
6 Contractual Insurance
7 Broad Form Property Damage
8 independent Consultants
5 Personal Injury
AUTOMOBILE LIABILITY -- 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
I EMPLOYERS' LIABILITY
i
$100,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
$2,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge, to include
( ] REQUIRED
I long -tern environmental impact for the disposal of
[X] NOT REQUIRED
contaminants
j BUILDERS RISK
See Section B -6 -11 and Supplemental Insurance
Requirements
REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER
$100,000 Combined Single Limit
See Section B -6 -11 and Supplemental
Insurance Requirements
[ ] REQUIRED [X] 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
if, 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 -) 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.
Fxhibr "B" - insurance Requirements
Page 2 of 3
-L On the certificate of ! nsurance
• The City of Corpus Christi is to be named as an additional insured on the liability
coverage, except for workers compensation coverage.
• Should your Ensurance 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.
?V A completed Disclosure of Interest must be submitted with your proposal.
Exhibit "B' - Insurance Requirements
Page 3 of 3
Cary of
Corpus CITY OF CORPUS CHRISTI
�.. ChnSti DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17 - 12, 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
'V'A
FIRM NAME:_._ Goldston Engineering Inc
STREET: 210.S Carancahua, Suite 200 _ CITY: Corpus Christi ZIP: 78403
FIRM is: 1. Corgoration__iX 2 Partnership_ 3 Sole Owner 4. Association
a. 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)
NiA
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
NiA
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
NIA
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 occ,.;r
Certifying Person _ Sidney Faas, PE_
Signature of Certifying Person:
Title Vice President
Date z115('�o�
EXHIBIT "C"
Pagel 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
t Employee. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as
an independent contractor.
C F=irm. 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.
c 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.
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
ontrol 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 for the
ourpose of professional consultation and recommendation
EXHIBIT "C"
Page 2 of 2
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