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HomeMy WebLinkAboutC2009-195 - 5/19/2009 - 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 CLK Architects & Associates. Inc., a Texas corporation, (Architect/Engineer-A/E), hereby agree as follows: 1. SCOPE OF PROJECT HEB Pool Complex Replacement (Bond 2008) (Project No. 3390) This project will replace the existing HEB pool facility. Elements of the work will include demolition and removal of the existing swimming pool and pump house and construction of anew recreational swimming pool. The new pool will have approximately 5,500 square feet of water surface with zero depth edge and 4 feet maximum depth and construction of a new children's splash pad (approximately 3,300 square feet). Other new structures will include amulti-purpose room, concession stand, equipment storage, family bathroom and shower, and a new pump house. The project will also include repairs to the existing parking lot with restriping and seal coating; repairs and replacement of the chain link fence; and installation of security lighting. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the Project. Exhibit "A-1" provides supplemental description of services to Exhibit "A" and is not intended to supersede services described in Exhibit "A". 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 Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is - 2009-195 This schedule is not to be inclusive of all additional time that may M2009-129 Contract for Engineering (AIE) Services 05/19/09 YHE6 Pool Complex Replacemen\\LergaAE.tloc Page 1 of 3 CLK Architects & Assoc. be required for review by the City staff and maybe 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 set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized. Monthly invoices will be submitted in accordance with Exhibit "D" and shall include monthly updates. 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. 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 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. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 H:\HOME1Radrelle\GEMPailca 8 Reveation\3390-HEB Pool Complex Replacement\Lerge AE.doe 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's Feld 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. 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 "B" 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 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 as Exhibit "C". CITY OF CORPUS CHRISTI CLK ARCHITECTS & ASSQfAAT1=$ INC. ~~`~1 YY1 C~A.1A~. s - ~3- ~ ~ Oscar Martinez ^° Date Assistant City Manager RECOMM NDED y Pete Anaya, P.E. ate Director of Engineering Services ,. T...., .... . 615 N. er Broadway, Ste 1250 Corpus Christi, TX 78477 (361) 884-3295 Office (361) 884-3298 Fax Project Number: 3390 Funding Source: 550950-3289-00000-130226 Encumbrance Number: ATTEST ,~ ~ Armando Chapa, Ci Secretary dl' COUNCIL APPROVED AS TO FORM g~„vH ~ic~--Q~ S ~ I ~.. ~ 5 ~SS+• City Attorn y Date b- Contract for Engineering (AIE) Services Page 3 of 3 H:W OMEVtachell9\GEN1PeACS 8 Rarealion\3390-HEB Pool Complex ReplaoortrentlLerga AE.tloc 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 Architect/Engineer-A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, 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 and make recommendations tothe City. Coordinate all required services with the Geotech Lab. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Architect/Engineer will participate in a minimum ottwo (2) formal meeting(s) with City staff, provide agenda and purpose for each formal meeting; document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and other agencies, including but not limited to the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEO) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Design Memorandum with executive summary, opinion of probable construction costs with life cycle analysis, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format. Design Memorandum will include the following (with CONSTRUCTABILITY being a major element in all the following items): 1) Review the Project with the respective Operating Department(s) and discussions including clarification and definition of intent and execution of the Project; The A/E 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 possible 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, potential rightofway/easements, and probable Projectdesign solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Engineering) standards (CI/ASCE 38-02). Subsurface investigation will be paid as an additional service. 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 EXHIBIT "A" Pa e 1 of 8 H:WOME\Rachalle\GEN\PaGcs 8 Recraetion\3390-HEB Pool Cwnplaz Replacamenl\EMibit AGOG elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design (CONSTRUCTABILITYI. 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (Environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 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 cost estimates(s) and design alternatives. 8) Provide a letter stating that the A/E and Sub-consultant Engineers have checked and reviewed the design 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. 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 for existing facilities. e. A copy of existing studies and plans. (as available from City Engineering files). f. Field location of existing city utilities. (A/E 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 A/E will: 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 Department(s) and Engineering Services staff. b. Prepare one 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 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 and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. EXHIBIT "A" Pa e2of8 H:WOME1RechallelGENV'aMS 8 Reaeation\3390-HEB Pool Complex Replacement\Exhibit Adoc e. Furnish one (1) copy of the interim plans (plans only-identify needed specifications) 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: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • 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 status f. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. g. (If required) Provide 1 copy of pre-final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. h. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub-consultant A/E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. 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 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 meetings. m. Provide a Storm Water Pollution Prevention Plan. n. Ordinance No. 19663 establishes the Municipal PublicArts Program requiring works of art to be included in certain city vertical construction projects. If it is determined EXHIBIT "A" Pa e3of8 H:\HGMEViachelle\GEN1Perks 8 Recreation\3390-HEB Pool Complex RaplecemenllExhibil A.doc this project is subject to Municipal Public Art Program, the architecUengineer 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. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. 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, 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 A/E'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. 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 A/E) 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. 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 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 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. 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 EXHIBIT "A" Pa e4of8 H:WOME\Rechelle\GEN1Parka 8 Recreation\3390.HEB Pool Complex Replacement\Exliibit A.doc documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. 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. 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 3.0. 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 - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD-ROM, not on floppy disks. 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 applications/estimates for payments to contractor. 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 A/E will, with written authorization by the Director of Engineering Services, do the following: 1. Permittinn IAuthorized-. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Department of Licensing and Regulation (TDLR ) 2. Topos~raphic Survev fAuthorized)_ Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area -aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines EXHIBIT "A" Pa e5of8 H:W OMEUtechalle\GEMParks 8 Recreetion\3390-HEB Pool Complaz ReplarsmentlEzhibit A.tloc 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 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. 3. Construction Observation Services IAuthorizedl. 1. Provide a project representative (PR) to provide periodic construction observation. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the A/E shall endeavor to provide further protection for the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. 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. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise 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. 6. Review of Work and Rejection of Defective Work: Conduct on-Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. 7. Report whenever PR believes that 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 and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. A. 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. EXHIBIT "A" Pa e6of8 N:ViOME\Rechelle\GEMParks 8 Recreation\3390-HEB Pool Complex Raplecemenl\ExhiCit A.tloc 8. Records: A. 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, A/E'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 utilizing approved Cityformat, 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 A/E and the City. 9. Reports: A. 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. B. Report immediately to the CITY and A/E 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. C. Provide project photo report on CD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 10. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. 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. 4. Warranty Phase (Authorized). 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. 2. SCHEDULE DAY DATE ACTIVITY Wednesda Ma 20, 2009 Be in Prelimina Phase Frida Jul 3, 2009 Interim Submittal Frida Jul 10, 2009 Cit Review Monda Jul 13, 2009 Be in Desi n Phase Frida Au ust 7, 2009 Pre-Final Submittal Frida Au ust 14, 2009 Cit Review Frida Au ust 28, 2009 Final Submittal Monday (2) September 7 & 14, 2009 Advertise for Bids Wednesda Se tember 16, 2009 Pre-Bid Conference EXHIBIT "A" Pa e7of8 H:\HOME1Rachelle\GEN1Pa~ks 8 Reaealian13390-HEB Paol Complex Raplacemanl\Exhibil A.tloc Wednesda Se tember 23, 2009 Receive Bids Tuesda October 20, 2009 Bid Award Monde November 23, 2009 Be in Construction Weekda Au ust 2010 Construction Com letion 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee forthis project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. 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 A/E'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 statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments inresponse to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E anot-to-exceed fee as per the table below: Fee for Basic Services 1. Preliminary Phase $42,187.50 2. Design Phase $92,812.50 3. Bid Phase $8,437.50 4. Construction Phase $25,312.50 Subtotal Basic Services Fees $768,750.00 Fee for Additional Services (Allowance) 1. Total Permitting (TDLR fees) (AUTHORIZED) $700,00 2. Topographic Survey (AUTHORIZED) $5,640.00 5. Construction Observation Services (AUTHORIZED) $85,275.00 4. Warranty Phase (AUTHORIZED) $13,452.00 Sub-Total Additional Services Fees Authorized $705,067.00 Total Authorized Fee $273,877.00 The estimated cost of construction for the HEB Pool Complex Replacement is $1,875,000. The basic services fee proposal for this project is $168,750. Therefore, the percentage of basic engineering services cost to construction cost is 9%. EXHIBIT "A" Pa e8of8 H:IHOMEViad~all9\GEN1Parks 8 ReaealionU390-HEB Pool Complex Replecament\Exhibit Aooc EXHIBIT A-1 (Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.) CITY OF CORPUS CHRISTI HEB POOL COMPLEX REPLACEMENT (Project No. 3390) TASK LIST 1) Demolition and removal of existing swimming pool and pump house. 2) Remodel: a. Existing storage area next to ticket counter into an air conditioned office. b. General painting of existing structures throughout. 3) New structure will house: a. Multi-purpose room b. Concession stand c. Equipment storage d. Family bathroom and shower 4) Construction of a new pump house. 5) Construction of a new recreational swimming pool (children's aquatic facility) approximately 5,500 square feet of water surface with zero depth edge and 4 feet maximum depth. 6) Construction of a new children's splash pad (approximately 3,300 square feet). 7) Launch Operations Training: An operations specialist will be on-site with staff for training and rehearsal the day before opening as well as the first (2) two days of operation. The operations specialist from Counsilman-Hunsakerwill assist City staff in the overall operations of the aquatic facility including but not limited to the following: a. Lifeguard requirements and scheduling b. Employee pertormance c. Pool and pool features rules d. Emergency action plans e. Incident reporting and protocol f. Filter backwashing g. Water chemistry workshop h. Ticket sales i. Concessions stand operations 8) Repairs to existing parking lot, restriping and seal coating. 9) Repairs and replacement of chain link fence. 10) Installation of security lighting. Additional Services: PERMITTING 1) Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary for all required governmental permits as needed to complete the project; specifically the Texas Department of Licensing and Regulation. H:IHGME1Rechelle\GEN1Parka 8 Raueetion13390-HEB Pool Complaz Replewmant\EZhibil A-i.doc EXHIBIT "A-1" Pa e 1 of 2 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. TOPOGRAPHIC SURVEY Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area -aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. CONSTRUCTION OBSERVATION SERVICES 1) Provide construction observation services as authorized by the City in accordance with Exhibit "A" of the Contract for Professional Services. 2) Conduct daily site visits to the project site during construction. 3) Prepare daily reports and coordinate site visits with FNI office staff. 4) Provide detailed coordination with City staff during construction. 5) Coordinate construction activities with materials testing laboratory. 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. EXHIBIT "A-1" Pa e2of2 H:WOME\Radrelle\GEMParks 8 Recreation\3390-HEB Pool Complex Replacement\Ex1,i0i1 A-t.tloc EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (Revised September 2001) 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. Contractual insurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personallnjury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $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 [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of ali reports of such accidents at the same time that the reports are forwarded to any other interest parties. EXHIBIT "B" Insurance Requirements Pa e 1 of 2 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. 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 Pa e2of2 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. Clty Of CITY OF CORPUS CHRISTI COt'pUS DISCLOSURE OF INTERESTS - . Chnsti ~.e.r City of Corpus Christi Ordinance 17112, as amended, requires all persons orfirms 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: CLK Architects & Associates Inc STREET: 615 N. Upper Broadway Suite 1250 CITY: Corpus Christi. TX ZIP: 78477 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 A. Javier Huerta Planning Commission 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 A. Javier Huerta CIP Scopina & Estimatino Services CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: A. Javier Huerta AIA Title: Principal ype or nn Signature of Certifying Person: Date: 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 Corpus Christi, Texas. b. "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. "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, loint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, CiN Manager, Deputy Cittyy Mana er, Assistant Ciiy Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus~hristi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. 'Constructively held" refers to holding or control established through voting trusts, proxies or special terms o venture or partnership agreements. f. "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. 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