HomeMy WebLinkAboutC2009-458 - 11/17/2009 - 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 Naismith Engineerings
Inc., a Texas corporation, (Architect/Engineer - A/E), hereby agree as follows:
1. SCOPE OF PROJECT Robert Street from Gaines to Ocean Drive
BOND ISSUE 2008 (Project No. 6492)
This project includes the reconstruction of Robert Street from Gaines to Ocean Drive. This
section of Robert Street runs adjacent to Seaside Memorial Park and provides access to the
park and to Ocean Drive. The improvements will include athree-lane roadway with two travel
lanes and a continuous left-turn lane. Other improvements include: curb and gutter,
sidewalks, underground storm sewer, water, wastewater and new street 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. 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
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 Enginee_ ring Services may direct the A/E to undertake additio al services or
2009-458 grease in fee is required. Services or tasks requirin~~n increase
M2009-327 Large AIE Contract
11/17/09 Page 1 of 3
itreet from Gaines to Ocean Drive\Consultant (Naismith)\CONTRACT FOR PROFESSIONAL SERVICES.doc
l~aismith Engineering
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. INDEMNITY AND INSURANCE
A/E agrees to the mandatory contract indemnification and insurance requirements asset
forth in Exhibit "B".
5. FEE
The City will pay the A/E a fee, as described in Exhibit "A", for providing services
authorized, a total fee not to exceed $226,125 (Two-Hundred Twenty-Six Thousand One
Hundred Twenty-Five Dollars and Zero Cents). Monthly invoices will be submitted in
accordance with Exhibit "D".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the A/E at the address of record. In this event, the A/E will be
compensated for its services on all stages authorized based upon A/E and City's estimate
of the proportion of the total services actually completed at the time of termination.
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.
Large AIE Contract
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H:UiOME\KellyO\GEN\STREETS\6492- Robert Street from Gaines to Ocean (hive\Consultant (Naismith)\CONTRACT FOR PROFESSIONAL SERVICES.doc
9. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings,
contractor's field data, and submittal data will be the sole property of the City, may not be
used again by the 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 as Exhibit "C".
CITY OF CORPUS CHRISTI
Oscar Martinez Date
Assistant City Manager
RECOMM NDED
ii
9,09
Pete Anaya, P.E. Date
Director of Engineering Services
ATTEST
h--. _
Armando Chapa, City Secretary
APPROVED AS TO FORM
~ ~~
City Attorney Date
NAISMITH ENGINEERING, INC.
~~ ~
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David M. Underbrink, Sr, P. Date
President
4501 Gollihar
Corpus Christi, TX 78411
(361) 814-9900 Office
(361) 814-4401 Fax
NAISMITH ENGINEERING, INC.
~J- - \ Y' Z bbl
Joh A. Michael, P. ate
resident
~/~~;~`"~'~„" AUTHORItEI~
ST CdU11CIL ...C.L~ ~..`Z.~~AA»-----
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SECRETARY~~
ENTERED
NOV 0 2 2009
CONTRACT MANAGERS
Large AIE Contract
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H:WOME\KellyO\GEN\STREETS\6492- Robert Street from Gaines to Ocean Drive\Consultant (Naismith)\CONTRACT FOR PROFESSIONAL SERVICES.doc
EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
Robert Street -Gaines to Ocean Drive (#6492)
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 Letter Engineering 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. 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 Engineer will participate in a minimum of
three (3) 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 (TCEQ) as required to satisfactorily complete the
Project.
c. Submit one (1) copy in an approved electronic format, and one (1) paper
copy of the Letter 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
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.
EXHIBIT "A"
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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 Letter Engineering Report
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 sets of Construction Bid and Contract Documents in City format
(using City Standards as applicable), including Contract agreement forms,
general conditions and supplemental conditions, notice to bidders, instruction
to bidders, insurance, bond requirements, and preparation of other contract
and bid related items; specifications and drawings to fix and describe, for one
bid or 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.
e. Meet with City Staff and assimilate all review comments, modifications,
additions/deletions and proceed to next phase, upon Notice to Proceed.
f. 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.
g. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure 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 complete priorto
submission, and include signature of all disciplines including but not
limited to structural, civil, mechanical, electrical, etc.
EXHIBIT "A"
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h. Provide a Traffic Control Plan, with illumination, markings and striping,
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 professional service 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, forthe 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 Engineerwill, 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.
EXHIBIT "A"
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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 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. 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
EXHIBIT "A"
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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 and individual to have responsibility, authority, and control for
coordinating activities for the construction phase
b. Prepare applications/estimates for payments to contractor.
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. NPDES Permit/Amendments
b. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments
c. Texas Department of License and Regulation (TDLR )
2. Right-of-Way (ROW) Acquisition Survey. 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. Topo4raphic 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
EXHIBIT "A"
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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. Environmental Issues (TBD)
a. Provide environmental site evaluations and Archeology Reports that are
needed for the Project.
b. Identify and develop a scope of work for any testing, handling and
disposal of hazardous materials and/or contaminated soils that may be
discovered during construction.
5. Construction Observation Services (Optional).
1. Provide a project representative (PR) to provide periodic 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.
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.
EXHIBIT "A"
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6. Review of Work and Rejection of Defective Work:
A. 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.
6. 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.
C. 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:
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 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:
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.
EXHIBIT "A"
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9. 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.
6. Warranty Phase. Provide a maintenance guaranty inspection toward the end of
the one-year period after acceptance of the Project. Note defects requiring
contractor action to maintain, repair, fix, restore, patch, or replace improvement
under the maintenance guaranty terms of the contract. Document the condition
and prepare a report for the City staff of the locations and conditions requiring
action, with its recommendation for the method or action to best correct
defective conditions and submit to City Staff. Complete the inspection and
prepare the report no later than sixty (60) days prior to the end of the
maintenance guaranty period.
7. Provide the services above authorized in addition to those items shown on
Exhibit "A-1" Task List.
2. SCHEDULE
PROPOSED PROJECT SCHEDULE
DAY DATE ACTIVITY
Wednesday November 25, 2009 Begin Preliminary Phase
Monday December 21, 2009 Begin Design Phase
Monday February 22, 2010 Pre-Final Submittal
Thursday March 11, 2010 City Review (City to NEI)
Monday March 29, 2010 Final Submittal (NEI to City)
Monday (2) April 5 & April 12, 2010 Advertise for Bids
Tuesday April 13, 2010 Pre-Bid Conference
Wednesday April 21, 2010 Receive Bids
Weekday May, 2010 Begin Construction
Weekday November, 2010 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 I.A.1-4 above, and forall expenses incurred in performing these
services. For services provided in Section I.A.1-4, A/E will submit monthly
EXHIBIT "A"
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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 in response 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:
C. Summary of Fees
Robert Street -Gaines to Ocean Drive (#6492)
Fee for Basic Services
1. Preliminary Phase 16,500
2. Design Phase 71,375
3. Bid Phase 4,125
4. Construction Phase 40,000
Subtotal Basic Services Fees 132,000
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
NPDES Permit/Amendments
TCEQ
TDLR
Total Permitting
2,500
1,000
2,500
6,000
2. ROW Acquisition Survey (AUTHORIZED) 9,375
3. Topographic Survey (AUTHORIZED) 19,500
4. Environmental Issues (TBD)
5. Construction Observation Services (optional) 57,750
6. Warranty Phase 1,500
Sub-Total Additional Services Fees Authorized 94,125
Total Authorized Fee 226,125
The estimated cost of construction for Robert Street from Gaines to Ocean Drive is
$1,650,000. The basic services fee for the project is $132,000. Therefore, the percentage
of basic engineering services cost to construction cost is 8%.
EXHIBIT "A"
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EXHIBIT A-1
(Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.)
CITY OF CORPUS CHRISTI
Robert Street -Gaines to Ocean Drive (#6492)
TASK LIST
Basic Services
1) Project Limits are from Gaines to Ocean Drive.
2) Attend and participate in one (1) project start meeting and several planning
meetings (3 meetings) with City staff to discuss planning and conceptual
design.
3) Contact Texas one-call system to locate existing utilities in the field and
coordinate with appropriate City operating departments.
4) Perform field investigation (surveys as authorized by Additional Services) as
required to define specific areas of demolition and new work, equipment,
locations, tie-in point, and other applicable parameters required to complete the
letter report, hydraulic analysis and construction drawings.
5) Review available reports, record drawing, utility maps and other information
provided by the City pertaining to the project area.
1) Prepare Letter Report and Submit to City for review and approval.
2) Obtain approval to proceed to Design Phase.
3) Participate with staff atone (1) public meeting. Prepare exhibits as required to
illustrate the scope of the proposed improvements.
4) Prepare drainage analysis. Analysis will be based on the Rational Formula. A
computerized hydraulic model will be developed utilizing the Storm-Cadd
software. The hydraulic gradient (5-Year and 25-Year) will be reflected in the
construction drawings.
5) Develop construction drawings in English units in 22"x34" sheets.
EXHIBIT "A-1"
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6) 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
• Notice
• Agreement
• Proposal/Disclosure Statement
• Performance Bond
• Payment Bond
7) Provide Quality Assurance/Quality Control (QA/QC) prefinal review and prepare
submittal for City's review depicting final complete development of the
construction drawing and specifications.
8) Address comments received from the City for the final Submittal.
9) Provide Quality Assurance/Quality Control (QA/QC) final review and submit one
(1) hard copy and one (1) electronic copy of the final contract drawings and
specifications to the City for the bidding process.
10)Update the Opinion of Probable Costs and submit to the City.
11)Develop a Construction Phasing and Traffic Control Plan to minimize the impact
of the construction.
12)Provide Bid Phase Services in accordance with Exhibit `A' of the Contract for
Professional Services.
13)Provide Construction Phase Services in accordance with Exhibit `A' of the
contract for Professional Services.
EXHIBIT "A-1"
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14)If deemed necessary, A/E will coordinate with CP&L to get power poles re-
located prior to bidding process.
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 (EASEMENT) ACQUISITION SURVEY
1) Establish limits of work area and obtain reference drawings.
2) Research City rights-of-way (ROW), easements and property boundaries.
3) Research adjacent properties.
4) Prepare working sketch for right-of-way (ROW) acquisition.
5) Locate and tie-in tract boundaries in the field.
6) Calculate boundaries for right-of-way (ROW) acquisition.
7) Perform CAD design/drafting for final survey plats.
8) Provide Quality Assurance/Quality Control (QA/QC) final review for survey plats.
9) Write legal descriptions for right-of-way (ROW) acquisition.
10)Stake boundaries for right-of-way (ROW) to be acquired.
11)Provide ROW exhibit.
TOPOGRAPHIC SURVEY
1) Research horizontal and vertical controls.
2) Pre-plan control survey.
3) Set control points in the field. Control points shall be set in well protected
EXHIBIT "A-1"
Pa e 3 of 4
locations which can be easily located by the contractor during construction.
4) Establish vertical control points (bench marks) and perform level loops.
5) Establish horizontal control on control points by GPS.
6) Perform topographic survey within project limits.
7) Locate and tie-in tract boundaries.
8) Locate and tie-in any new R.O.W. boundaries.
9) Locate and tie-in known utilities and structures.
10)Download raw survey field data, copy field notes, reduce data and check results.
11)Set baseline control points for construction.
CONSTRUCTION OBSERVATION SERVICES
1) Provide construction observation services as authorized by the City.
2) Conduct site visits to the project site during construction.
3) Prepare daily reports.
4) Provide detailed coordination with City staff during construction.
5) Coordinate construction activities with the designated testing lab.
WARRANTY PHASE
1) 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 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.
EXHIBIT "A-1"
Pa e4of4
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
11. 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.
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
~-
~~ SUPPLIER NUMBER
it TO BE ASSIGNED BY CITY-
PURCHASING DIVISION
~~~
City of CITY OF CORPUS CHRISTI
corpus DISCLOSURE OF INTEREST
Chnsti
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City to pprovide the following information. Every question must be answered.
If the question is not applicable, answer with "NA". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: Naismith Engineering. Inc.
P. O. BOX:
STREET ADDRESS: 4501 Gollihar
CITY: Corpus Christi ZIP: 78411
FIRM IS: 1. Corporation ® 2. Partnership ^ 3. Sole Owner ^
4. Association 5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this pa e or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Chnsti having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm.'
Name Job Title and City
Department (if known)
N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
N/A
3. State the names of each "board member" of the City of Corpus Christi having an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or
Committee
N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi
who worked on any matter related to the subject of this contract and has an "ownership
interest" constituting 3% or more of the ownership in the above named "firm."
Name Consultant
N/A
EXHIBIT "C"
Pa e 1 of 2
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee or body that has been
requested to act in the matter, unless the interest of the City official or employee in the matter is
apparent. The disclosure shall also be made in a signed writing filed with the City Secretary.
[Ethics Ordinance Section 2-349 (d)]
CERTIFICATION
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: John A. Michael, P.E. Title: Vice President
(Type or Print)
Signature of Certifying /~ Date: ~ I 1 Q
Person: t~ ~' ~
-~~
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. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "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.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self-employed
person, partnership, corporation, joint stock company, joint venture, receivership or trust, and
entities which for purposes of taxation are treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City
Manager, Assistant City Managers, Department and Division Heads, and Municipal Court
Judges of the City of Corpus Christi, Texas.
f. "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 holdings or control established through voting trusts,
proxies, or special terms of venture or partnership agreements."
g. "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
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EXHIBIT "D"
Pa e1of1