Loading...
HomeMy WebLinkAboutC2009-207 - 6/9/2009 - 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 Freese and Nichols. Inc., a Texas corporation, 5402 S. Staples Street, Suite 208, Corpus Christi, Nueces County, Texas 78411, (Architect/Engineer- A/E), hereby agree as follows: 1. SCOPE OF PROJECT Staples Street (BOND ISSUE 2008) Phase 1 from Saratoga to Holly (Project No. 6494) Phase 2 from Holly to Williams (Project No. 6495) CIP No. Bond Issue ST 20 & ST 21 Staples Street has become one of the major connectors from SPID to the City's rapidly developing southside area. These proposed improvements include the complete reconstruction of a five-lane urban arterial street including two travel lanes in each direction and a continuous left-turn center lane or a raised median. Other proposed improvements include curb and gutter, driveways, storm water improvements, water improvements, wastewater (sanitary sewer) improvements, pedestrian improvements in accordance with ADA requirements and Texas Accessibility Standards (TAS), lane striping and pavement markings, signage, signalization improvements, and street lighting (by AEP). 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 2009-207 M2009-162 Contract for Engineering (A/E) Services 06/09/09 Page ~ of 3 Freese and Nichols es Ph 1 8 9Large AE tloc 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 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 require an additional fee. 4. MANDATORY REQUIREMENTS ,, BE agrees to the mandatory contract and insurance requirements as set forth in Exhibit 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°/G 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 ofthe 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 Page 2 of 3 H \HOME1ReNelle\GEMSIreeis\6494 8 6495-5\aples Ph 1 8 2\Large AE tlac 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. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, and 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 Oscar Martinez Date Assistant City Manager RECO~M NDED G~ ~ Pete Anaya, P.E. Date Director of Engineering Services ATTEST Armando Chapa, City Se retary FREE E AND NICHOLS, INC. 5.2q •o Ron Guzman, P.E. Date Vice President 5402 S. Staples St., Suite 208 Corpus Christi, TX 78411 (361)561-6500 Office;(361)561-6501 Fax ~o - a AU'fHORI2ED sr couhcn....~ ( ~ P9 SEC ~ ~Jb- APPROVED AS TO FORM r ,~{ City Attorney Date Contract for Engineering (A/E) Services Page 3 of 3 R:ViOME\Rachelle\GEN1SIreels\G494 86495-Staples Pp 1 8 21Lar9e HEdac EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS STAPLES STREET, PHASE 1 - SARATOGA TO HOLLY (No. 6494) STAPLES STREET, PHASE 2 -HOLLY TO WILLIAMS (No. 6495) 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 Engineering Letter Report 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 three (3) formal meetings with City staff, provide agenda and purpose for each formal meeting, and document and distribute meeting minutes and meeting report within seven (7) working days of the meeting. The A/E will participate in discussions with the Operating Department and other agencies (such as 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 Engineering Letter Report (or Engineering Report), with executive summary, opinion of probable construction costs, defined technical evaluations of identified feasible alternatives, and review with City staff to produce an acceptable format which contains common municipal elements. Engineering Letter Report 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 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 HiHOMEIRechelle\GEN1SIreals16999 86995-Staples Ph 1 8 2\Exhibil A.tloc EXHIBIT "A" Pa e 1 of 14 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 right-of-way/easements, 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 construction, and other factors required for a professional design (CONSTRUCTABILITY). 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). ti) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues; and meet with pertinent authorities. 7) Confer, discuss, and meet with City Operating Department(s) and Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cost estimate(s) and design alternatives. 8) Provide a letter stating that the A/E and Sub-consultant Engineers have checked and reviewed the Engineering Letter Report prior to submission. d. Field location of existing utilities using Texas One-Call system (coordinate with appropriate City Operating Departments). e. Participate in one (1) meeting with City staff to review/accept Preliminary Phase Opinion of Probable Construction Cost. 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 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 Engineering Letter Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. EXHIBIT "A" Pa e2of14 H: WOME\Rachalla\GEM6treels\6494 8649&Slaplas Ph t 8 2\Exhibil A.tloc Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (7) set of Construction Bid and Contract Documents in City format (using City Standards as applicable) for each phase, including Contract agreement forms, general provisions and special provisions, notice to bidders, insurance requirements, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, one bid for each phase, 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 better track progress and payments. e. Furnish one (1) copy of the pre-final 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 pre-final 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 pertinent review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. g. Provide Quality Assurance/Quality Control (QA/OC) measures to verify that submittal of the pre-final 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 A/E 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 to the approximate level of completion appropriate to the EXHIBIT "A" Pa e3of14 H:IROME1Rachalle\GEN\SVee1sW494 8 649&Sleples Ph 1 8 2\EZhiCil A doc submission, and include signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. h. Provide traffic controls in accordance with "Texas Manual on Uniform Traffic Control Devices" including a Traffic Control Plan, illumination, markings and striping, and signalization for review and approval by the City Traffic Engineering Department. i. 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. j. 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. k. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. I. Provide a Storm Water Pollution Prevention Plan. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the design phase. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide electronic files of the City's standard specifications, standard detail sheets, general 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 Ciry'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. H:\HOME\Raehelle\GEN1SIraeis16499 86996-Staples Ph 1 8 21Exhibil A.doc EXHIBIT "A" Pa e4of14 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 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 test reports. 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 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). g. Make final inspection with City staff and provide the City with a Certificate of Completion for the Project. h. Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction phase. b. Prepare applications/estimates for payments to contractor. H:IHGME\Rechelle\GEMSUeels\6494 86495-Sleples Ph 1 8 2\Exhibil A.OOc EXHIBIT "A" Pa e5of14 c. 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. Permitting. 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 Transportation (TxDOT) Permits/Amendments b. Texas Commission on Environmental Quality (TCEO) TPDES Notice of IntenU Notice of Termination (by Contractor) c. Texas Department of Licensing and Regulation (TDLR) ADAlfAS Compliance 2. Right-of-Wav (ROWI Acquisition Survev. FEE AND SCOPE TO BE DETERMINED The A/E will review existing ROW and easements to ascertain any conflicts and provide field ROW surveys and submit ROW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. 3. Topographic Survev. 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. 4. Environmentallssues. FEE AND SCOPE TO BE DETERMINED a. TBD H--.IHOME1Rachelle\GEN1Siree1sK994 &6496-Staples Ph 1 821ExhibitA tlac EXHIBIT "A" Pa e6of14 5. Construction Observation Services. FEE TO BE DETERMINED Provide a Project Representative (PR) to provide full time construction inspection. 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. A/E will endeavor to protect the City in providing these services; however, it is understood that A/E does not guarantee the Contractor's performance, nor is A/E responsible for supervision of the Contractor's operations and employees. A/E shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any subcontractor. AIE shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. 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: i. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. ii. 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: i. Receive Samples, which are furnished at the site by Contractor, and notify of availability of Samples for examination. ii. Record date of receipt of Samples and approved Shop Drawings. iii. 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: i. 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 EXHIBIT "A" Pa e7of14 H:\HOMEUtachelle\GEMSbeets\8494 8 699SSIeples Ph 1 8 2\Exhibil A.tloc Contract Documents. ii. 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. iii. 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. 7) Records: i. 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. ii. Prepare a daily report utilizing approved City format, 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. 8) Reports: i. 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. ii. 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. iii. 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. 9) Completion: i. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. ii. 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. iii. 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. H:\HOME\RaMalle\GEMSIraeISW994 8649&Slaples Ph 1 8 21Exhibil A tlac EXHIBIT "A" Pa e8of14 6. Raised Median and Reconstruction Studies. Upon receiving authorization from the City to proceed, provide a Traffic Impacts Assessment Study which will examine the impact of conversion of existing two- way left-turn lane to a raised median system with left turn openings at designated locations. a. Data Assembly/Compilation. Compile Data from City, MPO, TxDOT, review previous studies. b. Site Investigation. Site visits, count placement verifications/special instructions, identify significant traffic generators. Interview local agencies and key developments. c. Data Analysis. Analyze data from counts, prior studies, interviews and review proposed corridor treatments. Assess diversion of traffic to initially identified median openings and intersections. d. Traffic Counts. Provide Traffic Counting for TMC's based on 4 Intersections & 38 significant driveways, plus 2 24-hr tube counts. e. Initial Traffic Impacts Assessment. Assess the unmitigated impacts of conversion of existing two-way left-turn lane to raised medians, given an initial set of median openings. f. Recommendations for Left Turn Accommodations, Mitigation of Impacts. Identify significant locations to provide left turn openings in raised median. Estimate turn volumes and required length of left turn bays. g. Final Report on Median Impacts. Prepare a report of findings and summary presentations for others to present at public meetings. Raised Median and Reconstruction Outreach Phase. Alternatives Review & Planning, Review project materials and alternatives, offer strategy assistance on issues and mediation of potential conflicts, and project development meetings with project team and City. a. Phase 1 -Early Planning, 1. Develop data base of adjacent property owners and businesses including any nearby key groups, such as property owner associations, etc. this requires field survey in combination with tax role and phone directory research as well as compilation. 2. Meetings with 12 property ownerslstakeholders along corridor to assess existing conditions, possible future developments, key access issues (e.g. truck deliveries, emergency access, etc.), construction issues (seasonality, etc.) and overall receptivity. This will require development of potential list and questionnaire as well as development of preliminary project information on planned improvements, possible extension of median from south of Staples, benefits, and schedule, concurrence of city on materials, scheduling/attending meetings and summarizing results for consideration in next phase of plan development. Primary goals are to provide affected parties with accurate information and to gather issues/potential concerns for analysis, including construction phase concerns. These can also be used to assist in traffic analysis in terms of future (not currently known) traffic generators and issues. 3. Set up Open House meeting in project area and assist with development of EXHIBIT "A" Pa e9of14 H:\HOME\Rachelle\GEM6lreets\8494 8 649SSteples Ph 1 8 21Exhibit A.doc presentation, develop handout information and develop noticelpress release preparation. Arrange for mailing of notice and publication of meeting notice in newspaper. (Notice would also be suitable for posting on City and MPO website.) b. Phase 2 -Follow-up, Follow-up meetings with specific stakeholders who had complicated or defined issues. Eight meetings anticipated. These meetings could be held with different stakeholders from the 12 stakeholders from Subtask 2 above. Summarize results and provide input for revised plans. These meetings could also address construction related issues. c. Construction/Traffic Management Planning Assistance, Construction information planning and materials for distribution to businesses and driving public to assist with construction related traffic and business interruptions issues. 7. Public Involvement Phase. a. Prepare notices, handouts and exhibits for the public information meeting. b. Assist the City in conducting the public information meeting. c. Assist the City with follow-up to the public information meeting and response to citizen comments. d. Revise the contract drawings to address citizen comments, as directed by the City. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note observed 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. 9. Subsurface Utility Exploration. Upon receiving authorization from the City to proceed, provide subsurface utility engineering investigation in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". The proposed subsurface utility investigation will be as follows: A. Excavation -The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limits. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical positions of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. H:\HOME\Rechella\GEMSIreelsVi994 &699&Sleples Ph 1 8 2\ExhiEil Atloc EXHIBIT "A" Pa e10of14 B. Utility Location -The survey scope includes locating certain utilities to Quality Level B. (Quality Level B involves, surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining aOne-Call Notice and measuring the marked locations. C. Storm Water -Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. D. Wastewater -Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. E. Water-Water facilities within the project limits will be located to Quality Level C. F. Gas -Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. G. Coordinate with local franchises to achieve Quality Level A. 10. Provide the services above authorized in addition to those items shown on Exhibit A-1, Task List. 2. SCHEDULE PROPOSED PROJECT SCHEDULE Staples Street, Phase 1 -Saratoga to Holly (No. 6494) DAY DATE ACTIVITY Wednesday June 10, 2009 Begin Preliminary Phase Monday September 14, 2009 Draft Engineering Letter Report Submittal Monday September 28, 2009 City Review Monday October 26, 2009 Final Engineering Letter Report Submittal Monday November 2, 2009 City Review Tuesday November 3, 2009 Begin Design Phase Monday March 1, 2010 Pre-Final Design Submittal Monday March 8, 2010 City Review Monday April 5, 2010 Final Design Submittal Monday April 19, 2010 City to Acquire All R.O.W. Parcels Monday (2) April 19 and 26, 2010 Advertise for Bids Tuesday May 4, 2010 Pre-Bid Conference Wednesday May 26, 2010 Receive Bids Monday July 12, 2010 Begin Construction Weekday August 2012 Construction Completion EXHIBIT "A" Pae11of14 H:\HOME\VelrreP\GEN\STREET6490 STAPLES FREESE\Exhibit A.tloc Staples Street, Phase 2 -Holly to Williams (No. 6495) DAY DATE ACTIVITY Wednesday June 9, 2010 Begin Preliminary Phase Monday September 13, 2010 Draft Engineering Letter Report Submittal Friday September 24, 2010 City Review Monday October 25, 2010 Final Engineering Letter Report Submittal Friday November 5, 2010 City Review Monday November 8, 2010 Begin Design Phase Friday February 18, 2011 Pre-Final Design Submittal Friday March 4, 2011 City Review Monday April 4, 2011 Final Design Submittal Monday April 18, 2011 City to Acquire All R.O.W. Parcels Monday (2) April 18 and 25, 2011 Advertise for Bids Tuesday May 3, 2011 Pre-Bid Conference Wednesday May 25, 2011 Receive Bids Monday June 20, 2011 Begin Construction Weekday November 2012 Construction Completion 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 1.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section 1.A.1-4, A/E will submit monthly statements for basic services rendered. In Section 1.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 1.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section 1.B. "Additional Services" the City will pay the A/E anot-to-exceed fee as per the table below. EXHIBIT "A" Pa e12of14 H:\HOME\Velma%GEN\STREET\6494 STAPLES FREESE\Exhibi\ A.tloc C. Summary of Fees. Sta les Street, Phase 7 from Sarato a to Holl Project No. 6494 Street Storm Water Water Wastewater Total Basic Services 1 Prelimina Phase $51,297.00 $34,248.00 $20,592.00 $1,561.00 $107,698.00 2 Desi n Phase 248,096.00 165,641.00 99,593.00 7,553.00 520,863.00 3 Bid Phase 7,876.00 5,259.00 3,162.00 240.00 16,537.00 4 Construction Phase 40,015.00 26,716.00 16,063.00 1,218.00 84,012.00 Subtotal Basic Services 347,284.00 231,864.00 139,410.00 10,572.00 729,130.00 Additional Services Allowance 1 Pemit Preparation TXDOT TCEO-TPDES Notice of Intenf/Tennination TDLR-ADA/TAS Compliance Subtotal Permit Pre aration 4,670.00 0.00 3,193.00 7,863.00 0.00 546.00 0.00 546.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,670.00 546.00 3,193.00 6,409.00 2 ROW A uisition Surve TBD TBD TBD TBD TBD 3 To o ra hic Surve 54,775.00 36,570.00 21,988.00 1,667.00 115,000.00 4 Environmental Issues TBD TBD TBD TBD TBD 5 Construction Observation Services TBD TBD TBD TBD TBD 6 Median/Traffictm act Assessment 113,139.00 0.00 0.00 0.00 113,139.00 7 Public Involvement Phase 7,068.00 4,719.00 2,837.00 215.00 14,839.00 8 Warranty Phase 5,716.00 3,816.00 2,294.00 174.00 12,000.00 9 Subsurface Utili Ex loration 0.00 21,253.00 12,778.00 969.00 35,000.00 Subtotal Additional Services 188,561.00 66,904.00 39,897.00 3,025.00 298,387.00 Total Phase 1 535,845.00 298,768.00 179,307.00 13,597.00 1,027,517.00 Staples Street. Phase 2 from Hollv to Williams (Project No. 64951 Street Storm Water Water Wastewater Total Basic Services 1 Prelimina Phase 47,092.00 13,576.00 4,123.00 9,230.00 74,021.00 2 Desi n Phase 223,608.00 64,460.00 19,577.00 43,829.00 351,474.00 3 Bid Phase 7,482.00 2,157.00 655.00 1,467.00 11,761.00 4 Construction Phase 32,179.00 9,276.00 2,817.00 6,307.00 50,579.00 Subtotal Basic Services 310,361.00 89,469.00 27,172.00 60,833.00 487,835.00 Additional Services Allowance 1 Pemit Preparation TXDOT TCEO-TPDES Notice of IntenUTennination TDLR-ADAlrAS Compliance Subtotal Permit Pre aration 0.00 0.00 4,772.00 4,772.00 0.00 544.00 0.00 544.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 544.00 4,772.00 5,316.00 2 ROW A uisition Surve TBD TBD TBD TBD TBD 3 To o ra hic Surve 66,145.00 19,068.00 5,791.00 12,965.00 103,969.00 4 Environmentallssues TBD TBD TBD TBD TBD 5 Construction Observation Services TBD TBD TBD TBD TBD 6 Medianffraffclm act Assessment N/A N/A N/A N/A NIA 7 Public Involvement Phase 10,257.00 2,957.00 898.00 2,011.00 16,123.00 8 Warranty Phase 4,669.00 1,346.00 409.00 915.00 7,339.00 9 Subsurface Ulili Ex loration 0.00 8,696.00 2,641.00 5,913.00 17,250.00 Subtotal Additional Services 85,843.00 32,611.00 9,739.00 21,804.00 149,997.00 Total Phase 2 396,204.00 122,080.00 36,911.00 82,637.00 637,832.00 H:UiGME\RachellelGENlSlresls\6494 8 649SSIaples Ph 1 8 2\Exhibil A.EOc EXHIBIT "A" Pa e13of14 Combined Total Street Storrn Water Water Wastewater Total Basic Services 1 Prelimina Phase 98,389.00 47,824.00 24,715.00 10,791.00 181,719.00 2 Desi n Phase 471,704.00 230,101.00 119,170.00 51,382.00 872,357.00 3 4 Bid Phase Construction Phase 15,358.00 72,194.00 7,416.00 35,992.00 3,817.00 18,880.00 1,707.00 7,525.00 28,298.00 134,591.00 Subtotal Basic Services 657,645.00 321,333.00 166,582.00 71,405.00 1,216,965.00 Additional Services Allowance 1 Pemit Preparation TXDOT TCEO-TPDES Notice of IntenUTermination TDLR-ADARAS Compliance Subtotal Permit Preparation 4,670.00 0.00 7,965.00 12,635.00 0.00 1,090.00 0.00 1,090.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,670.00 1,090.00 7,965.00 13,725.00 2 3 ROW Acquisition Surve To o raphic Surve TBD 120,920.00 TBD 55,638.00 TBD 27,779.00 TBD 14,632.00 TBD 218,969.00 4 Environmental Issues TBD TBD TBD TBD TBD 5 Construction Observation Services TBD TBD TBD TBD TBD 6 7 Median/rraffic lm act Assessment Public Involvement Phase 113,139.00 17,325.00 0.00 7,676.00 0.00 3,735.00 0.00 2,226.00 113,139.00 30,962.00 8 9 Warranty Phase Subsurface Utilit Exploration 10,385.00 0.00 5,162.00 29,949.00 2,703.00 15,419.00 1,089.00 6,882.00 19,339.00 52,250.00 Subtotal Additional Services 274,404.00 99,515.00 49,636.00 24,829.00 448,384.00 Total Authorized Fee for Phase 1 and Phase 2 $932,049.00 $420,848.00 $216,218.00 596,234.00 $1,665,349.00 The estimated cost of construction for Staples Street Phase 1 & 2 is $14,091,832. The total basic services fee proposal for this project is $1,216,965. Therefore, the percentage of design cost to construction cost is 8.6%. H:IHGME\Rachalle\GEMSireets15494 86495-Staples Ph 1 8 21ExhiGit A.doc EXHIBIT "A" Pa e14of14 EXHIBIT "A-1" (Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.) CITY OF CORPUS CHRISTI, TEXAS STAPLES STREET, PHASE 1 - SARATOGA TO HOLLY (No. 6494) STAPLES STREET, PHASE 2 -HOLLY TO WILLIAMS (No. 6495) TASK LIST NOTE: This task list applies to each of these two separate projects which will be designed as two distinct projects and constructed under two separate construction contracts. Basic Services: 1) Project limits include Staples Street from Saratoga Boulevard to Williams Drive involving existing right-of-way plus acquired parcels of lots (if determined in Preliminary Phase Study) to facilitate the street and pedestrian improvements. 2) Perform field investigation surveys (as authorized by Additional Services) as required to define specific areas of demolition and new work along with the applicable parameters required to complete the engineering letter report and construction drawings. 3) Contact Texas One-Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 4) Attend and participate in project kickoff and planning meetings (3 meetings) with City staff to discuss planning and conceptual design. 5) Review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. 6) Prepare one (1) hard copy and one (1) electronic copy of the Engineering Letter Report (pre-final and final submissions) including data collected, preliminary drainage calculations, roadway alignment, additional road requirements (if any) and conceptual cost estimates for the anticipated improvements and make recommendation to the City staff. 7) Review with City staff, revise and furnish one (1) hard copy and one (1) electronic copy of the final Engineering Letter Report. Obtain approval to proceed to Design Phase. 8) Participate with staff at two (2) public information meetings (one meeting per phase) (as authorized by Additional Services). Prepare exhibits as required to illustrate scope of proposed improvements. H:\HOMEViacha11e1GENISIrealsW494 86495-Slaplas Ph 1 8 SExhibil A-i Task Lisl.tloc EXHIBIT "A-1" Pa e 1 of 6 9) Prepare hydraulic analysis based on 5, 25, and 100-year design storm return frequency runoff coefficients, time of concentration, rainfall intensity and drainage areas utilizing WinStorm software. Hydraulic gradient and associated data will be reflected in the construction drawings. 10) Develop construction drawings in English units in 22" x 34"sheets, to include the following (as required): • Title Sheet/ Vicinity Map • Project Location Map • General Notes and Testing Schedule • Estimated Quantities Summary/ Drawing Legends • Demolition/ Removal Summary • Existing Utility Basemaps (Water, Wastewater, Storm Water and Gas) • Existing Roadway Sections • Proposed Street Sections • Drainage Area Map • Roadway Baseline Alignment • Street and Storm Water Plan & Profile • Street Details • Storm Water Details • Storm Water Laterals • Curb Ramp Details • Fencing Plan and Details • Curb & Gutter and Sidewalk Details • Driveway Details • Water and Wastewater Plan & Profile • Water and Wastewater Adjustments • Water and Wastewater Tie-in Details • Water and Wastewater Standard Details • Pavement Marking and Signage Plan • Pavement Marking Details • Street Lighting Plan (Conduit Only) • Signalization Plan and Details • General Traffic Control Notes and Construction Sequencing • Traffic Control Plan • Traffic Control Sections • Traffic Control Miscellaneous Details • Storm Water Pollution Prevention Plan (SWPPP) • Storm Water Pollution Prevention Details • Miscellaneous Details • Barricade and Construction Standards 11) Prepare opinion of probable construction costs including contingency amounts. H:\HGME1Rachalle\GEN1SVeets\6494 86996-Staples Ph 1 8 21Exhibit A-0 Task Lisl.tloc EXHIBIT "A-1" Pa e2of6 12) Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: • Title Page • Table of Contents • Notice to Bidders • Notice to Contractors-A • Notice to Contractors-B • Part A- Special Provisions • Part B-General Provisions • Part C- Federal Wage Rates and Requirements • Part S- Standard Specifications • Part T- Technical Specifications (if required) • List of Drawings • Geotechnical Report (by others) • Notice • Agreement • Proposal/Disclosure Statement • Performance Bond • Payment Bond 13) Provide Quality Control/Quality Assurance (QC/QA) interim review and prepare submittal for City's review depicting pre-final development of the contract drawings and specifications. 14) Address comments received from the City for the pre-final submittal. 15) Provide Quality Control/Quality Assurance (QC/QA) final review and submit one (1) reproducible hard copy of the final contract drawings and specifications to the City for bidding process. 1fi) Update the opinion of probable construction costs. 17) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). 18) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 19) Provide Construction Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. 20) Prepare monthly progress reports for submittal to the City. Monthly progress reports shall be submitted by the 5~h of each month. H'\HOME\Rachelle\GEN\Streels\6499 86995-Staples Ph 7 821EMhibit A-0 Task Listtloc EXHIBIT "A-1" Pa e3of6 21) A/E will coordinate with City and AEP for lighting conduit locations and pole relocations. Conduit for future MIS will not be included. 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. 2) Prepare and submit permit applications and associated fees to the appropriate authorities as required to complete the project. RIGHT-OF-WAY ACQUISITION SURVEY FEE AND SCOPE TO BE DETERMINED 1) Establish limits of work area and obtain available reference maps and reports. 2) Research City rights-of-way, easements and property boundaries. 3) Research adjacent subdivision plats. 4) Locate and tie-in street right-of-way. 5) Establish project baseline. 6) Identify parcels required for right-of-way acquisition. 7) Prepare metes & bounds descriptions for right-of-way acquisition parcels. 8) Stake boundaries for right-of-way to be acquired. 9) Provide exhibits for right-of-way acquisition. TOPOGRAPHIC SURVEY 1) Research horizontal and vertical controls. 2) Pre-plan control survey. 3) Set control points in the field. 4) Establish vertical control points (bench marks) and pertorm level loops. 5) Establish horizontal control on control points by GPS. 6) Perform topographic survey within project limits. 7) Cross-section existing drainage ditches within project limits at 100-ft. intervals. H:\HOMEViechelle\GEN\SVaels\6494 86495-Staples Ph 1 8 21Ezhibil A-1 Task LisLtloc EXHIBIT "A-1" Pa e4of6 8) Locate and tie-in tract boundaries. 9) Locate and tie-in known utilities and structures. 10) Download raw survey field data, copy field notes, reduce data and check results. ENVIRONMENTAL ISSUES FEE AND SCOPE TO BE DETERMINED 1) To Be Determined 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. RAISED MEDIAN AND RECONSTRUCTION STUDIES Upon receiving authorization from the City to proceed, provide a Traffic Impacts Assessment Study which will examine the impact of conversion of existing two-way left-turn lane to a raised median system with left turn openings at designated locations. RAISED MEDIAN AND RECONSTRUCTION OUTREACH PHASE Alternatives Review project materials and alternatives, offer strategy assistance on issues and mediation of potential conflicts, and project development meetings with project team and City. PUBLIC INVOLVEMENT PHASE 1) Assist the City in preparing notices, handouts and exhibits for public information meeting. 2) Assist the City in conducting the public information meeting. 3) Assist the City with follow-up and response to citizen comments. 4) Revise contract drawings to address citizen comments, as directed by the City. H'\HOME\Rachelle\GEMStree1s16494 88495-Staples Ph 1 8 2\Exhibil A-0 Task Liettloc EXHIBIT "A-1" Pa e5of6 WARRANTY PHASE Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Note observed defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action. SUBSURFACE UTILITY INVESTIGATION Upon receiving authorization from the City to proceed, provide subsurface utility engineering investigation in accordance with ASCE Standard "ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data". H:V70ME\Rachalle\GEMSiree1sW994 86495-Staples Ph 1 8 2\ExhiOil A4 Tesk List.tloc EXHIBIT "A-1" Pa e6of6 EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (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 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 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 all 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. 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. 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 City of COI'pUS CITY OF CORPUS CHRISTI CjlriStj DISCLOSURE OF INTERESTS ~i~ 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: Freese and Nichols Inc. STREET:_5402 S. Staples Suite 208 CITY: Corpus Christi. TX ZIP: 78411 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) 2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Title N/A 3. State the names of each board member of the City of Corpus Christi having an ownership interest constituting 3% or more of the ownership in the above named firm. Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest constituting 3% or more of the ownership in the above named firm. Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron~Guzma~n,~ .E. Title: Vice President tiytie nn Signature of Certifying Person: r/-~'1/~. Date: 5 ' ~ • d 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 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, Point 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, City Manager Depu~City Manager, Assistant City Managers, Department and Division Heads and Municipal Cou Judges of the Ci of Corpus Christi, Texas. e. Ownership Interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. Consultant. Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C' Pa e2of2 d d N v c a c v :a O ~ ~ C ~ dl O_ t1 •~ > ~ C a - 7 V O' E °> Q C W +, V R Z b ~ O W+~ N V a.. O O O G N aZ Z ° ~ d. z ~-~ o> E J ~ a C C Q a - O O U 2 'O E a C O V d t d V .~ m 0 0 00 0 0 `O 0 0 O 0 0 O 0 0 ~O 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 { 0 0 O M 0 0 ~- ~-- 0 0 M N O O 0 0 0 Q Q Q O O O O ~ m ° ° o ~° ~ N H ~ n ' ~ o ~ ~ N b9 fA ~ ~ O O O O O O O O Q Q Q O O O ~ fFT O O to W ~ ~ N H H r .- ~ fA fA fR EA X 0 0 O 0 O O Q O O 0 ~ 0 O N O t~ o ~ ~ f" H H ~ ~ u~ N ~ O O N pp O O N N O I /f m m m d' tp ~ 01 O O P ~ N O r ~O h N h 07 ~ F F M M N ~ ~ ~ N~ ~ M ~ ~ r W O O ~ ~ N m m m N N ^ N O N t 0 C p N ( O 0 D _ r ~ r .- r r N fR (fl (fl fR 0 0 O f9 0 0 fA N m m m N O N N 0 0 ~ .- o .- ~ F ~ ~ s- ~- .-- ~ ~ N ~ e~ ~ ~ O o p p p O O O O o o ° ° a o ° S 0 ° ~ ~ o 0 - ~ N N (O N N (O N OD EH EA fA ffl EA EA N y f6 L t ~ a a ~ ~ o c ~' m ~ E rna N .~ .~ v ~ a` ~ m U N U .Z U .N m 00 Y O a d .; d N i0 'a+ 'O Q to m m m a ~ c m ~ o ~ m ~ ~ ~ m a ~ ~ N N ~ Q O a ~ ~ a O c n w N U .~ N (0 c _o V Q O 3 d d LL O E N N LL N N I1 U_ a`~i Z U ~ •Z ~_ 'N ~ V! C U m Q d 4t LL Q O W ~ LL o Vi-ON ~ m `"' ~ ~ X ~ ~ W d o w a W ~ ~ fp g (7 Z K W W Z_ Z W O LL F Z O U