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HomeMy WebLinkAboutC2008-074 - 3/11/2008 - ApprovedAMENDMENT NO. 1 TO CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and Freese and Nichols, Inc. hereinafter called "CONSULTANT", agree to the following amendments to the Contract for Professional Services for Preliminary Scopinq and Estimating Services for Bond Issue 2008 Street Projects -Freese Nichols 1 (Project No. 6436 , as authorized by: Ori final Contract Februa 15, 2008 Administrative A royal $49,975.00 In the original contract, the SCOPE OF_SERVICES shall be amended to include the following: 1. Preliminary Phase No changes to requirements of Original Contract. 2. Conceptual Design Phase The Conceptual Design Phase includes the following tasks: A. Confer with City staff regarding the Preliminary Phase submittal items. The Engineer will participate in a maximum of two (2) additional formal meetings with City staff, provide agenda and ur ose for each formal meetin document and distribute meetin minutes and meetin re ort within seven 7 calendar da s of the meetin . B. Review reviousi develo ed sketches deli ns andlor en ineerin re orts rovided b the C C. Review City provided infrastructure lifecycle criteria and Master Plans. 1.) Evaluate existing street conditions based on field observation and City provided information (action complete -Preliminary Phase). 2.) Evaluate existing utilities condition based on field observa#ion and City provided informs#ion (action complete -Preliminary Phase . 3.) Identify the number and general location of existing RTA bus stops for purposes of recommended concrete pavement improvements. {Action complete -- preliminary Phase) 4.) Identify third party utility infrastructure that may require _relocat~on based on field observation above round onl and Cit rovided information. {Action complete - Preliminary Phase) ZoaB-a~a 03/11/08 M2008-069 AMD. N0.1 Pa e ~ of 3 Freese and Nichols, Inc. ND ISSUE 2008 FREESE NICItOLShAMENDMENT N0.1 WMENDMENT N0.1 identifies Conceptual Design Phase deliverable reauireme~ts. D. Prepare an Interim Strip Map with the following information: 1.) Proposed roadway„improvements. • Limits • ROW • Cross-sections 2.) Proposed utility improvements: • Utili t e • Utility location • Utility size 3.) Proposed_accessibility featuresw • Sidewalk • Ramps • Crossing treatment • Signalizatian E. Prepare a Fina! Report with the followinq,information: 1.) Executive Summary • Identify results of site field investigation including site findings and existing condi#ions. Include photographs_of existing site conditions. • List of potential problems and possible conflicts, intent,.,of design, and improvements re uired and conformance to relevant Master Plans . • Identi draina a areas contributin to res ective street se ments and the outfalls for the drainage infrastructure within the project-area, • Identify anticipated,,,permit requirements. 2.) Drawings Sketches and Exhibits • Loca#ion Maps (8'/z",x 11" sheets]. • Photograph Key Maps (11" x 17" sheets] • Photo ra hs 8'/z" x'i1" sheets ~~ • Existing Condition Cross-sections [8'/z" x 11" sheets] • Conceptual Repair Plan drawings,(11" x 17" sheets] • Conce tual Re air Cross-sections 8'/x" x '11"sheets • Conce tual Utilit Im rovement Ma s 11" x 17" sheets 3.) Preliminary opinion of probable construction cos#s far all improvements • Use City provided standardized unit rate schedules for street repair and utility costs. 4.} City provided checklist,and spreadsheet In the original contract, the FEES authorized shall be modified as shown on the attached Exhibit "A" for a total fee not to exceed 75 025.00 (in figures) sevent five thousand twent five dollars and zero cents (in figures), for a total restated fee not to exceed $125,000.00 {in figures}, one hundred twen five thousand dollars and zero cents {in words). Ali other terms and conditions of the February 15, 2008 contract between the City and Consultant will remain in full force and effect. AMD. NO. 1 Pa e2of3 H:SUSERS2IHOMESVELMRPIGENISTREET56436 PRELIM BONG ISSUE 2008 FREESE NICHOLSL4MENDMENT NO. 1WMENOMENT NO. 1 CITY OF CORPUS CHRISTI i ~~/08 el .Escobar, P. E., D to In Brim Assistant City Manager RECOMMENDED 6~ z7 ~ Kevin Stowers, Date Interim Director of Engineering Services ATTEST Armando Chapa, City Secre APP OVED AS TO FORM ~~~-~ ~. Assistan City Attorney Date Project Number: 6436 Funding Source: Encumbrance Number: ~b ~(„~.,l1UTN11Wt~~~ ~ ~u~lel~ ..~3.~! ~ ~.~ ~ ~ FREESE AND NICHOLS, INC. S ~+/a~- z/Z~/o 8 John Wolfhope, P.L ~ Date Principal 5402 S. Staples, Suite 208 Corpus Christi, TX 78411 (361) 561-6500 Office {361 } 561-6501 Fax H:lU5ER52U{OMEIVELIuFAPSGEMSTREET16436 PRELIHi BDN~ ISSUE 2006 FRE~SE NECHOLS4AMEN~I~fENT IVO. iV1lAEN~MENT NO. 1 / AMD. NO. 1 Pa e3af3 EXHIBIT A CITY OF CORPUS CHRISI7, TEXAS 1. SCOPE OF SERVICES A. Basic Services 1. Preliminary Phase. The ArchitectlEngineer-AIE will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of altematives, and upon approval, proceed in a design memorandum which includes Preliminary designs, drawings, and written description of the project. This report shall include: a. provide scope of soil investigations, borings, and laboratory testing. {The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts); b. confer with the City staff regarding the design parameters of the Project. The Engineer will participate in a minimum of ( ]formal meetings with City staff, provide agenda and purpose far each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The AIE will participate 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 satisfactorilycomplete the Project; c. submit one copy in an approved electronic format, and ten (10) paper copies of the Design Memorandum (or Engineering Report), with executive summary, opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible altematives, and review with City staff to produce an acceptable format which contains common municipal elements. Design Memorandum will include the following (with CONSTRUCTABILITY 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 AIE will meet with City 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 passible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s); 3} identify results of site field investigation including site findings, existing conditions, and probable Project design solutions; (which are common to municipalities); 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 EXHIBIT "A" Pa e 1 of 10 H:IUSER52U-IOMEIVELMAPIGENIS7REETti643fi PRELIM BONG ISSUE 2006 FREESE NICHDL55AMENDMEN7 N0. 1LFJ(HIeIT A construction, and other factors required for a professional design (CONSTRUCTABILITY); 5} advise of environmental site evaluations and archeology reports that are needed far the Project (Environmental assessments 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, constnuction, and geotechnicai issues; and meet with pertinent authorities; 7) confer, discuss, and meet with City operating department{s) and Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cast estimates(s) and design alternatives; 8} provide a letter stating that the AIE and Sub-consultant Engineers have checked and reviewed the design memorandum prior to submission; 9} provide an analysis on project impacts towards "re-engineering" and effects on cost savings toward City operations, which this project will affect. d. perform th e items as shown on Exhibit A-1. (Task List) City staff will provide one 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 far existing facilities; e. a copy of existing studies and plans. {as available from City Engineering files}; f. field location of existing city utilities. {City to coordinate with City Operating Department); g. provide applicable Master Plans. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the AIE wiH: a. study, verify, and implement design memorandum 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 Operating Departments} and Engineering Services staff; b. prepare sets of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, 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 orfor multiple bids, 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 andlor contaminated soils #hat may be discovered during construction (to be included under additional services); d. prepare final quantities and estimates of probable costs and probable constnuction schedule; EXHIBIT "A" Pa e2of10 HaUSERS2IHOME\VELMAPSGENISTREEll6436 PRELIM BOND ISSUE 20U8 FREESE NICHOLSV4MENOMEN7 NO. 11E7(HIBIT A e. furnish 1-copy 60% plans (plans only-identify needed specifications) to the City staff for review and approval purposes with estimates of probable cons#ruction costs. Required wi#h the 60% plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections f. g h. k. m. • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non-standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and sta#us furnish complete construction and bid documents including specifications for City staff review and approval. Provide 1 copy of 90% (optional upon City request) and 100% complete plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Identify distribution list far plans and bid documents to all affected utilities including City 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; provide Quality AssurancelQuality Control (QAIQC} measures to ensure that submittal of the 60%, 90% (optional), and 100% 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 staff. The Consultant AIE and Sub-consultant AIE 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; if required, provide traffic controls including a Traffrc Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department; 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 documents henceforth become the sole property and ownership of the City of Corpus Christi. 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; assimilate all review comments, modifications, additionsldeletions and proceed to next phase, upon Notice to Proceed; prepare and submit monthly status reports with action items developed from monthly progress and review meetings; provide a Storm Water Pollution Prevention Plan; and EXHIBIT "A" Pa e3of10 H:IUSERS25HOME5VELMAPIGENSSTREET56436 PRELIM BONA ISSUE 2008 FREESE NiOHOLSSAMENDMENT N0. 11EXHIBlT A n. Qrd'mance Na. 19663 establishes the Municipal Public Arts Program requiring works of art to be included in certain city construction projects. If it is determined this project is subject to Municipal Public Art Program, the architect/engineer 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 far 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; and 3. Bid Phase. The AIE will: a. participate in the pre-bid conference; b. assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, anyaddenda or other revisions necessary to inform contractors of approved changes priorto bidding; d. attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation conceming award of the con#ract; and e. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineer will, at its expense, conferwith 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; b. advertise the Project far bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue {with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening; c. receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards; and, d. prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. participate in pre-construction meeting; b. review for conformance to contract documents, shop and working drawings, materials and other submittals; c. review field and laboratory tests; EXHIBIT "A" Pa e4of10 H:IUSER525HOMEIVELMAPLGENISTREETI6436 PRELIM BOND ISSUE 2408 FREESE NICHOLSVaMENOMENT N0. 9YEJ(HIBIT A d. provide interpretations and clarifications of the contract documents far 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; e. 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; f. prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications forthe 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; g. make final inspection with City staff and provide the City with a Certificate of Completion for the project; h. 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. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.4. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language} format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image-viewing software available on the City's computer - Imagingfor Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks; and, i. 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. prepare applicationslestimates for payments to contractor; and b. conduct the final acceptance inspection with the Engineer. 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 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 AIE will, with written authorization lay the Director of Engineering Services, do the following: 1. Permitting. Furnish the City ail engineering data, required fees, and documentation necessary for all required permits. The AIE will prepare this documentation for all EXHIBIT "A" Pa e5of10 H:IUSERS25HOM>=1VELMAPIGENISTREET16436 PRELIM BOND ISSUE 2009 FREESE NICHOLS4AMENDMENT NO. 11EXH1BIT A required signatures. The AIE 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 PermitslAmendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES PermitlAmendments f. Texas Commission of Environmental Quality (TCEQ) g. Nueces County h. Texas Historical Commission {THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USAGE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of License and Regulation {TDLR ) 2. Right-of-Way (ROW} Acquisition Survey, The AIE 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 complywith all TxDOT requirements as applicable. AIE Consultant will be required to perform all necessary deed research. 3. Topograghic Survey. Provide field surveys, as required #or design including the necessary control points, coordinates and elevations of points (as required far 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 Glaba[ Positioning System (GPS) control network and complywith Category6, Condition I specifications of the Texas Society of Professional Surveyor' 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. 4. Environmental Assessments a. provide environmental site evaluations and Archeology Reports that are needed far the Project, and b. identify and develop a scope of work for any testing, handling and disposal of hazardous materials andlor contaminated soils that may be discovered during construction. 5. Construction Observation Services. Provide a Project Representative (PR) to provide periodic construction observation as required by the City as follows: A. Furnish a Project Representative {PR) to assist in observing progress and quality of the work. B. Through observations of Contractor's work in progress and field checks of materials and equipment, the PR shall endeavor to provide further protection for EXHIBIT "A" Pa e6of10 H:IUSER521HOME5VELMAPIGENISTREET4fi43fi PRELIM BOND ISSUE 2008 F'REES@ NICHOL5LAMENDMENT NO. 11EXHIBIT A the CITY against defects and deficiencies in the work. PR shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall PR have authority over or responsibilityforthe means, methods, techniques, sequences, or procedures selected by Contractor. C. The duties and responsibilities of the PR are limited to those of the consultant engineerlarchitect in the Agreement with the CITY and in the Contract Documents, and are further described as follows: 1) General: PR is AIE's agent at the site, v~ill act as directed by and under the supervision of the AIE, and will confer with the AIE regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall fi general be with AIE and Contractor, keeping the CITY advised as required. PR shall communicate with CITY with the knowledge of and under the direction of the A/E. 2) Conference and Meetings: Attend meetings with Contractor, such as preconstructionrnnferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3) Liaison: a. Serve as AIE's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent ofthe Contract Documents. ~4) Interpretation of Contract Documents: Report to AIE when clarifcations and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued byAlE. 5) Shop Drawings and Samples: a. Record date of receipt of samples and approved Shop Drawings. b. Receive samples which are furnished at the Site by Contractor, and notify AIE of availability of Samples for examination. c. Advise AIE and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or sample submittal for which PR believes that the submittal has not been approved by the AIE. 6) Review of Work and Rejection of Defective Work: a. Conduct an-Site observations of Contractor's work in progress to assist in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Repork whenever PR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generallyto the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise AIE and City of that part of work in progress that PR believes EXHIBIT "A" Pa e7of10 H:IUSER521H0ME1VELMAPIGENIS7REET46436 PRELIM BOND ISSUE 2008 FREESE NICHOLSIAMENDMENT N0. 11EXHIBIT A should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection orapproval. 7} Records: a. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including a!I Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE'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. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, 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 AIE. 8) Reports: a. Furnish to AIE 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. b. Report immediately to the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of Gad endangering the Work, and property damaged by fre or other causes. 9) Completion: a. Before AIE issues a Certificate of Completion, submit to Contractor a list of observed items requiring completion or con'ection. b. 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. c. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to AIE and City concerning completion and issuance of the recommendation of Notice of Acceptability of the Work to the City. 10) Resident Project Representative shall not: a. Authorize any deviation from the Contract Documents or substitutions of materials or equipment (including "vr-equal" items}. b. Exceed limitations of AIE's authority as set forth in the Agreement or the Contract Documents. c. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. d. Advise on, issue directions relative to or assume control aver any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. EXHIBIT "A" Pa e8of10 H:~USERS2IHOMEIVELMAPIGENISTREET16436 PRELIM BOND ISSUE 2D0$ FREESE NICHOLSWMENDMENT N0. 1lEXHIBIT A 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 Contractor, f. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized byAlE and City. g. Accept Shop Drawing or Sample submit#als from anyone other than Contractor. h. Authorize the CITY to occupy the Project in whole or in part. 11 } City Operating Departments (Water, Wastewater, Storm Water, Gas} may send respective representatives to observe the work. PR to coordinate with Operating Department Representatives and adhere to any requests, requirements, comments, orprocedures as it affects the work. 6. Start-up Services. Provide on-site services and verification for all start-up procedures during actual startup of major Project components, systems, and related appurtenances if needed and required. 7. Warran Phase. Provide a maintenance guaranty inspection toward the end of the one- yearperiod 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 forthe 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 inspec#ion and prepare the report no Eater than sixty (60}days prior to the end of the maintenance guaranty period. 8. Provide SCADA Documentation. Provide standardized SCADA documentation, which will include PFDs, P&IDs, loop sheets, logics, SCADA architecture, DCS IIO lists, instrument lists, tie-in lists, piping lists, equipment lists, and instrumentation specification sheets. 2. SCHEDULE PROPOSED PROJECT SCHEDULE 1. Preliminary Phase Submittal Due February 29, 2008 3 weeks from Notice To Proceed (February 8, 2008} 2. Conceptual Design Phase No Later Than A ril $ 2008 4 weeks from Council Authorization March 11 2Q08 90°/aSubmittal Due NOT APPLICABLE 100°/a Bid Documents Due NOT APPLICABLE 3. Bid Phase NOT APPLICABLE 4. Constnaction Phase NOT APPLICABLE 3. FEES A. Fee for Basic Services. The City will pay the AIE 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 EXHIBIT "A" Pa e 9 of 'l l? H:lU5ER521HOMEIVELMAP5GENISTREET46436 PRELIM BOND ISSUE 20°8 FREESE NICHOL5MMEN~MENT N0. 11EXHIBIT A I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon AIE's estimate (and City Concurrence} of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statementwiff be based upon the percent of completion of the construction contract. City will maf<e prompt monthly payments in response to AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section f.B. "Additional Services" the Cfty will pay the AIE a not to-exceed fee as per the table below: C. Summary of Fees ORIGINAL CONTRACT AMEND. N0.1 TOTAL RESTATED FEE BASIC SERVICES 1. Preliminary Phase $49,975.00 $0.00 $49,975.00 2. Design Phase 0.00 75,025.00 75,025.00 3. Bid Phase 0.00 0.00 0.00 4. Construction Phase 0.00 0.00 0.00 Subtotal Basic Services l=ees 49,975.00 75,025.00 125,000.00 ADDITIONAL SERVICES 1. Permitting 0.00 0.00 0.00 2. ROW Acquisition Survey {AUTHORIZED) 0.00 0.00 0.00 3. Topographic Survey {AUTHORIZED) 0.00 0.00 0.00 4. Environmental Assessments 0.00 0.00 0.00 5. Construction Observation Services 0.00 0.00 0.00 6. Start-up Services 0.00 0.00 0.00 7. Warranty Phase 0.00 0.00 a.0o 8. Provide SCADA Documentation 0.00 0.00 0.00 Sub-Total Additional Services Fees Authorized 0.00 0.00 0.00 Total Authorized Fee $49,975.00 $75,025.00 $125,000.00 EXHIBIT "A" Pa e10of10 H:IUSERS2IHOMEIVELMAPIGENISTREE716436 PRE{.IM BOND ISSUE 2008 FR6ESE NICHOLSWMENDMENT NO. 11EXHIBIT A EXHIBIT A-1 {TASK LIST) CITY OF CORPUS CHRISTI, TEXAS PRELIMINARY SLOPING AND ESTIMATING SERVICES FOR BOND ISSUE 2008 STREET PROJECTS (PROJECT NO. 6436) 2, Conceptual Design Phase A. Interim deliverable -Strip Map for City review and comment will include the following items: 1. Proposed roadway improvements a. limits b. ROW c. Cross-sections 2. Proposed utility improvements a. Utility type b. Utility location c. Utility size 3. Proposed accessibility features a. Sidewalk b. Ramps c. Crossing treatment d. Signalization B. Fina! deliverable -The Final Report shall consist of the following in the order shown below: 1. Project Cover Sheet 2. Report Narrative a. Project Description • Location • Existing Conditions • Utility Assessment • Proposed Construction • AgencylPermit Coordination Requirements • Cost Opinion Assumptions • Land Acquisition • Other Project Elements b. Opinion of Probable Cost Summary EXHIBIT "A-1" AMD NO. 1 Pa e 1 of 2 Capocumants and SattingsUblLocal SettingslTemporary Internet Filas10LK301200802 i2 (~R.4FT) AMENDMENT NO i EXHIBIT A-1 (2} {2).doc c. Project Timetable 3. Appendix A -Project Location a. Location Map {8'/" x 11"sheet) 4. Appendix B -Project Checklist and Spreadsheet a. Completed City provided Checklist b. Completed City provided Spreadsheet 5. Appendix C -Photographs a. Photograph Key Map(s) with Site Map (8'/" x 11" or 11" x 17" sheets) b. Photographs {8 %" x 11"sheets) 6. Appendix D -Proposed Improvements Exhibits a. Conceptual Repair Plan drawings, including surface and storm water improvements {11" x 17" sheets) b. Existing Condition and Conceptual Repair Cross-sections {8 %2" x 11" sheets) c. Conceptual Utility Improvement Maps, including water, wastewater, and gas utilities (11" x 17" sheets) 7. Appendix E -Opinion of Probable Costs a. Summary Sheet b. Itemized List of Quantities and Unit Prices c. Relevant City provided Unit Price information 8. Appendix F -Conceptual Drainage Calculations a. City provided drainage calculation data b. Engineer's storm drainage calculations 9. Appendix H -Bond Issue 2008 Streets Planning Summary a. One {1) page summary sheet • Program • Project Name • Project I D • Sequence Number • Project Description (1 paragraph) • Opinion of Probable Cost Summary • Project Timetable b. Location Map EXHIBIT "A-1" AMD NO. 1 Pa e2of2 C:hDoc;umenls and SettingsUblLocal SettingslTemporary Internet Files10LK3052008 D2 12 (DFZ4FT] AMENDMENT ND 1 EXHIBIT A-1 (2) (2).doc Exhibit B 11~IANDATORY INSURANCE REQUIREMENTS (Revised 5eptember2001) CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until helshe 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. Contractuallnsurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personallnjury 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 EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITYI $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [ ] REQUIRED long-kern environmental impact for the disposal of (X] NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ( ]REQUIRED (X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Sec#ion B-6-11 and Supplemental insurance Requirements [ ] REQUIRED [X] NOT REQUIRED EXHIBIT "B" Insurance Requirements Pa e 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. I1. 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, ar 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, dea#h 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 C'tty with a copy of its certificate of authority to selfansure 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 au#hority 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. ~~ EXHIBIT "B" Insurance Requirements Pa e2of$ Ili. 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 submit#ed with your proposal. EXHIBIT "B" Insurance Requirements Pa e3of3 City of ~~ COI~US CITY OF CORPUS CHRISTI C~II'1St1 DISCLOSURE OF INTERESTS ~..~-~~ City of Corpus Christi Ordinance 17112, as amended, requires ali persons or firms seeming to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NIA". FIRM NAME: Freese and Nichols, Inc. STREET: 5402 S. Sfaples, Suite 208 CITY: Cor us Christi TX ZIP; 78411 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. 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 Departrnent (it known) NIA 2. State the names of each o#ficial 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 constiteting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee NIA 4. State the names of each empioyee or officer of a consultant far the City of Corpus Christi who worked on any matter related to the subject of this contract and has aryl ownership interest constituting 3% or more of the ownership in the above named firm. .Name Consultant NIA CERT[FICATE 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 supplements! statements will be promptly submitked to the City of Carpus Christi, Texas as changes occur. Certifying Person: John Wolfho e P.E. Title: Princi al Signature of Certifying Person: ~ Date: ~f 0 EXHIBIT "C" Pa e 1 of 2 DEFINITIONS a. Board Member. A member of any board, commission or committee appointed by the City Council of the City of Carpus Chris#i, Texas. b. Employee. Any person employed by the City of Carpus Christi, Texas, either on a full or part 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 ordeal 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 trus# and entities which, for purposes of taxation, are treated as non-profit organizations. d. Official. The Mayor, members of the City Council, City Manager Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Cou Judges o~ the City of Corpus Christi, Texas. e. Ownership Interest. Legal or equi#able interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, es#ate or holding entity. Constructively held refers to holding or control established through vo#ing trusts, proxies or special terms of venture or partnership agreements. f. Consul#ant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi far the purpose of professional consultation and recommendation. EXHIBIT "C" Pa e2of2