HomeMy WebLinkAboutC2010-003 - 1/12/2010 - ApprovedAMENDMENT NO. 1
TO CONTRACT FOR
PROFESSIONAL SERVICES
The City of Corpus Christi, Texas hereinafter called "CITY", and FREESE AND NICHOLS
INC., hereinafter called "ARCHITECT/ENGINEER" ("A/E"), agree to the following
amendment to the Contract for Professional Services as authorized and amended by:
Ori final Contract Ma 27, 2008 Administrative A royal $47,500.00
1. SCOPE OF PROJECT: O.N. STEVENS RAW WATER INFLUENT IMPROVEMENTS
(Project No. 8643 / CIP No. WAWS 02)
The ONSWTP is currently rated at a treatment capacity of 167 million gallons per day
(MGD) and is capable of being up rated by the Texas Commission on Environmental
Quality (TCEQ) to 200 MGD. A hydraulic analysis has identified several bottlenecks which
restrict flow to about 159 MGD ahead of the sedimentation basins and 133 MGD into the
pre-sedimentation basin.
This project will consist of hydraulic improvement at the raw water influent to increase the
plant flow rate to 200 MGD. Improvements will also be made to the pre-sedimentation
basin allowing the entire plant flow to receive pre-settling and blending of the raw river
water and lake sources. These improvements will enhance the performance of the
treatment plant, increase the hydraulic capacity by 67 MGD and save chemical costs.
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
hanin nn any phase or any Additional Services until requested in writing by the A/E and
2010-003
Freese and Nichols
M2010-013 Large AIE Contract
01/12/10 Page 1 of 3
Raw Water Influent ImpsWmd. No. 11Amd. No. 1.doc
INDEXED
written authorization is provided by the Director of Engineering Services. The anticipated
schedule of the preliminary phase, design phase, bid phase, and construction phase is
shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may
be required for review by the City staff and may be amended by or with the concurrence of
the Director of Engineering Services.
The Director of Engineering Services may direct the A/E to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase
of fee will be mutually agreed and evidenced in writing as an amendment to this contract.
A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested
requires an additional fee.
4. INDEMNITY AND INSURANCE
A/E agrees to the mandatory contract indemnification and insurance requirements as set
forth in Exhibit "B".
5. FEE
The City will pay the A/E a fee, as described in Exhibit "A", for providing services
authorized, a revised fee not to exceed $1,880,000.00 (One Million Eis~ht Hundred Eighty
Thousand Dollars and Zero Centsl, for a total restated fee of $1,927,500.00 (One
Million. Nine Hundred Twenty-Seven Thousand Five Hundred- 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 maybe assigned in
advance of receipt by the A/E without written consent of the City.
Large A/E Contract
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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, 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".
CI OF CORPS HRI TI
G~~ / /y
Juan Pera s Jr., P.E. ate
Assistant ity Manager
RECOMMENDED
~~O
Pete Anaya, P.E. Date
Director of Engineering Services
FREESE AND NICHOLS, INC.
Ron G~azm~n, P.E. Date
Vice President/Group Manager
5402 S. Staples, Suite 208
Corpus Christi, TX 78411
(361) 561-6500 Office
(361) 561-6501 Fax
ATTEST ^~
V
Armando Chapa, City cretary
~1fi.:.....:.1~G... Al1TH01ii1E~
I:T COtiiiClL ..,~,~,~; t ~
SEC~tETAfiY
AS O FORM Project Number: 8643 CIP # WAWS 02
t~, Funding Source: 550950-4477-00000-108191
'~~'~~"i~ Encumbrance Number:
City Attorney
Large A/E Contract
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EXHIBIT "A"
CITY OF CORPUS CHRISTI
O.N. STEVENS RAW WATER INFLUENT IMPROVEMENTS
(Project No. 8643)
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. (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 two formal meetings 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 participate in discussions with the operating
department and other agencies (such as the Texas Department of
Transportation (TxDOT) and Texas Commission of Environmental Quality
(TCEQ)) as required to satisfactorily complete the Project.
c. Submit one (1) copy in an approved electronic format, and one (1) paper
copies of the Engineering Report, with executive summary, opinion of
probable construction .costs with life cycle analysis, defined technical
evaluations of identified feasible alternatives, and review with City staff to
produce an acceptable format which contains common municipal elements.
Design Memorandum will include the following (with CONSTRUCTABILITY
being a major element in all the following items):
1) Review of the Project with the respective Operating Department(s)
and discussions including clarification and definition of intent and
execution of the Project; The A/E will meet with City staff to collect
data, discuss materials and methods of construction, and identify
design and construction requirements.
2) Review and investigation of available records, archives, and
pertinent data related to the Project including taking photographs
of the Project site, list of potential problems and possible conflicts,
intent of design, and improvements required, and conformance to
relevant Master Plan(s).
AMD. N0.1
EXHIBIT "A"
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3) Identify results of site field investigation including site findings,
existing conditions, potential right ofway/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).
6) 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 estimates(s) and design
alternatives.
8) Provide a letter stating that the A/E and Sub-consultant Engineers
have checked and reviewed the design memorandum prior to
submission.
9) Provide an analysis on project impacts towards "re-engineering"
and effects on cost savings toward City operations, which this
project will affect.
City staff will provide one set only of the following information (as applicable):
a. Record drawings, record information of existing facilities, and utilities (as
available from City Engineering files).
b. The preliminary budget, specifying the funds available for construction;
c. Aerial photography for the Project area.
d. Through separate contract, related GIS mapping for existing facilities.
e. A copy of existing studies and plans. (as available from City Engineering
files).
f. Field location of existing city utilities. (A/E to coordinate with City Operating
Department).
g. Provide applicable Master Plans.
AMD. NO. 1
EXHIBIT "A"
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2. Design Phase. Upon approval of the preliminary phase, designated by receiving
authorization to proceed, the A/E will:
a. Study, verify, and implement design memorandum recommendations
including construction sequencing, connections to the existing facilities, and
restoration of property and incorporate these plans into the construction
plans. Development of the construction sequencing will be coordinated with
the City Operating Department(s) and Engineering Services staff.
b. Prepare (1) set of Construction Bid and Contract Documents in City format
(using City Standards as applicable), including Contract agreement forms,
general conditions and supplemental conditions, notice to bidders, instruction
to bidders, insurance, bond requirements, and preparation of other contract
and bid related items; specifications and drawings to fix and describe, for 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 better track progress and payments.
e. Furnish one (1) copy of the interim plans (plans only-identify needed
specifications) to the City staff for review and approval purposes with
estimates of probable construction costs. Identify distribution list for plans
and bid documents to all affected utilities including City and all other affected
entities. Required with the interim plans is a "Plan Executive Summary"
which will identify and summarize the project by distinguishing key elements
such as:
• Pipe Size or Building Size
• Pipe Material, etc.
• Why one material is selected over another
• Pluses of selections
• ROW requirements and why
• Permit requirements and why
• Easement requirements and why
• Embedment type and why
• Constructability, etc.
• Specific requirements of the City
• Standard specifications
• Non-standard specifications
• Any unique requirements
• Cost, alternatives, etc.
• Owner permit requirements and status
f. Assimilate all review comments, modifications, additions/deletions and
proceed to next phase, upon Notice to Proceed.
AMD. N0.1
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g. (If required) Provide 1 copy of pre-final plans and bid documents to the City
staff for review and approval purposes with revised estimates of probable
costs. Compile comments and incorporate any requirements into the plans
and specifications, and advise City of responding and non-responding
participants.
h. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that
submittal of the interim, pre-final (if required), and final complete plans and
complete bid documents with specifications accurately reflect the percent
completion designated and do not necessitate an excessive amount of
revision and correction by City staff. The Consultant 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 prior to submission, and include signature
of all disciplines including but not limited to structural, civil,
mechanical, electrical, etc.
i. If required, provide traffic controls including a Traffic Control Plan,
illumination, markings and striping, signalization, and as delineated by the
City Traffic Engineering Department.
j. Upon approval by the Director of Engineering Services, provide one (1) set
(hard copy and electronic) of final plans and contract documents suitable for
reproduction (In City Format) and said bid documents henceforth become the
sole property and ownership of the City of Corpus Christi.
k. The City agrees that any modifications of the submitted final plans (for other
uses by the City) will be evidenced on the plans and be signed and seated by
a professional engineer prior to re-use of modified plans.
I. Prepare and submit monthly status reports with action items developed from
monthly progress and review meetings.
m. Provide a Storm Water Pollution Prevention Plan.
n. Ordinance No. 19663 establishes the Municipal Public Arts Program
requiring works of art to be included in certain city vertical construction
projects. If it is determined this project is subject to Municipal Public Art
Program, the architect/engineertyill cooperate during the design process to
fulfill the requirements of the ordinance.
The City staff will:
a. Designate an individual to have responsibility, authority, and control for
coordinating activities for the construction contract awarded.
b. Provide the budget for the Project specifying the funds available for the
construction contract.
c. Provide the City's standard specifications, standard detail sheets, standard
and special provisions, and forms for required bid documents:
AMD. N0.1
EXHIBIT "A"
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3. Bid Phase. The A/E will:
a. Participate in the pre-bid conference and provide a recommended agenda
for critical construction activities and elements impacted the project.
b. Assist the City in solicitation of bids by identification of prospective bidders,
and review of bids by solicited interests.
c. Review all pre-bid questions and submissions concerning the bid documents
and prepare, in the City's format, for the Engineering Services' approval, any
addenda or other revisions necessary to inform contractors of approved
changes prior to bidding.
d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make
recommendation concerning award of the contract.
e. In the event the lowest responsible bidder's bid exceeds the project budget
as revised by the Engineering Services in accordance with the A/E's design
phase estimate required above, the Engineerwill, at its expense, conferwith
City staff and make such revisions to the bid documents as the City staff
deems necessary to re-advertise that particular portion of the Project for
bids.
The City staff will:
a. Arrange and pay for printing of all documents and addenda to be distributed
to prospective bidders.
b. Advertise the Project 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:
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
AMD. NO. 1
EXHIBIT "A"
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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. As applicable, review and assure compliance with plans and specifications,
the preparation of operating and maintenance manuals (by the Contractor)
for all equipment installed on this Project. These manuals will be in a
"multimedia format" suitable for viewing with Microsoft's Internet Explorer,
version 3.0. As a minimum the Introduction, Table of Contents, and Index
will be in HTML (HyperText Markup Language) format, with HyperText links
to the other parts of the manual. The remainder of the manual can be
scanned images or a mixture of scanned images and text. use the common
formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery
of the manuals that all scanned image formats are compatible with the
image-viewing software available on the City's computer- Imaging for Win95
(Wang) and Microsoft Imaging Composer. Deliver the manuals on a
CD-ROM, not on floppy disks.
i. Review construction "red-line" drawings, prepare record drawings of the
Project as constructed (from -the "red-line" drawings, inspection, and the
contractor provided plans) and deliver to the Engineering Services a
reproducible set and electronic file (AutoCAD r.14 or later) of the record
drawings. All drawings will be CADD drawn using dwg format in AutoCAD,
and graphics data will be in dxf format with each layer being provided in a
separate file. Attribute data will be provided in ASCII format in tabularform.
All electronic data will be compatible with the City GIS system.
The City staff will:
a. Prepare applications/estimates for payments to contractor.
b. Conduct the final acceptance inspection with the Engineer.
B. Additional Services (ALLOWANCE)
This section defines the scope (and ALLOWANCE) for compensation for additional
services that may be included as part of this contract, but the A/E will not begin work on
this section without specific written approval by the Director of Engineering Services.
Fees forAdditional 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:
Permitting. Furnish the City all engineering data and documentation necessary
for all required permits. The A/E will prepare this documentation for all required
AMD. N0.1
EXHIBIT "A"
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signatures. The A/E will prepare and submit all permits as applicable to the
appropriate local, state, and federal authorities, including, but not limited to:
a. Texas Department of Licensing and Regulation (TDLR )
2. Right-of-Way (ROW) Acquisition Survey (TBD) 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 Survey. Provide field surveys, as required for design including
the necessary control points, coordinates and elevations of points (as required
for the aerial mapping of the Project area -aerial photography to be provided by
City). Establish base survey controls for line and elevation staking (not detailed
setting of lines and grades for specific structures or facilities). All work must be
tied to and conform with the City's Global Positioning System (GPS) control
network and comply with Category 6, Condition I specifications of the Texas
Society of Professional Surveyors' Manual of Practice for Land Surveying in the
State of Texas, Ninth Edition. Include reference to a minimum of two (2) found
boundary monuments from the project area.
4. Subsurface Utility Investigation. Upon receiving authorization from the City to
proceed, provide subsurface utility engineering investigation in accordance with
ASCE Standard "ASCE C-1, 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 position 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.
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.
AMD. N0.1
EXHIBIT "A"
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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.
5. Franchise Utility Coordination.
Coordinate and attend project meeting with City staff and existing Franchise
Utility parties who have facilities/structures located within project limits (such as
American Electric Power) to facilitate the proper and timely utility relocation
required to support project completion.
6. Construction Observation Services.
Provide a project representative (PR) to provide periodic construction inspection.
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. The duties and responsibilities ofthe PR are described
as follows:
A. 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.
B. 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.
C. Liaison:
1) Serve as liaison with Contractor, working principally through Contractor's
superintendent and assist in understanding the intent of the Contract
Documents.
2) PR shall communicate with CITY with the knowledge of and under the
direction of A/E .
D. Interpretation of Contract Documents: Report when clarifications and
interpretations of the Contract Documents are needed and transmit to
Contractor clarifications and interpretations as issued.
E. Shop Drawings and Samples:
1) Receive Samples, which are furnished at the Site by Contractor, and
notify of availability of Samples for examination.
2) Record date of receipt of Samples and approved Shop Drawings.
AMD. N0.1
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3) 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.
F. Review of Work and Rejection of Defective Work: Conduct on-Site
observations of Contractor's work in progress to assist A/E in determining if
the Work is in general proceeding in accordance with the Contract
Documents. 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. 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.
G. Records:
1) 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.
2) 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.
H. Reports:
1) 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.
2) 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.
3) 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.
AMD. NO. 1
EXHIBIT "A"
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I. Completion:
1) Before the issue of Certificate of Completion, submit to Contractor a list
of observed items requiring completion or correction.
2) 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.
3) 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.
J. Frequency of Construction Inspection Services: The project representation
will be onsite full-time (40 hours/week) for the first 12 weeks and then part-
time (20 hours/week) for the remaining 60 weeks. In the event that the city
requests additional project representation above and beyond the
aforementioned time allotments, FNI will submit a contract amendment for
such services.
7. Start-up Services. Provide on-site services and verification for all start-up
procedures during actual start up of major Project components, systems, and
related appurtenances if needed and required.
8. 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.
9. Provide SCADA Documentation. Provide standardized SCADA documentation,
which will include PFDs, P&IDs, loop sheets, logics, SCADA architecture, DCS
I/O lists, instrument lists, tie-in lists, piping lists, equipment lists, and
instrumentation specification sheets.
10. Provide the services above authorized in addition to those items shown on
Exhibit "A-1" Task List.
AMD. NO. 1
EXHIBIT "A"
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2. SCHEDULE
DAY DATE ACTIVITY
Wednesday January 20, 2010 Begin Preliminary Phase
.Monday May 17, 2010 Begin Design Phase
Monday August 23, 2010 Interim Submittal
Friday September 24, 2010 City Review
Monday December 13, 2010 Pre-Final Submittal
Friday January 21, 2011 City Review
Monday February 21, 2011 Final Submittal
Monday (2) March 14 & 21, 2011 Advertise-for Bids
Wednesday March 23, 2011 Pre-Bid Conference
Wednesday March 30, 2011 Receive Bids
Monday May 9, 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 I.A.1-4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1-4, A/E will submit monthly
statements for basic services rendered. In Section I.A.1-3, the statement will be
based upon 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:
AMD. N0.1
EXHIBIT "A"
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C. Summa of Fees
ORIGINAL
CONTRACT
AMD. NO. 1
TOTAL
BASIC SERVICES
1 Prelimina Phase $47,500.00 $225,000.00 $272,500.00
2 Desi n Phase 0.00 975,000.00 975,000.00
3 Bid Phase 0.00 50,000.00 50,000.00
4 Construction Phase 0.00 100,000.00 100,000.00
Subtotal Basic Services 47,500.00 1,350,000.00 1,397,500.00
ADDITIONAL SERVICES Allowance Authorized
1 Permittin TDLR 0.00 47,000.00 47,000.00
2 ROW Ac uisifion Surve 0.00 TBD 0.00
3 To o ra hic Surve Authorized 0.00 75,000.00 75,000.00
4 Subsurface Utili Ex loration Authorized 0.00 115,000.00 115,000.00
5 Franchise Utili Coordination Authorized 0.00 10,000.00 10,000.00
6 Construction Observation Services 0.00 230,000.00 230,000.00
7 Start-U Services/O&M Services 0.00 13,000.00 13,000.00
8 Warran Phase 0.00 40,000.00 40,000.00
9 Provide SCADA Documentation 0.00 TBD 0.00
Subtotal Ad ditional Services 0.00 530,000.00 530,000.00
TOTAL AUTHORIZED FEE $47,500.00 $1,880,000.00 $1,927,500.00
The estimated cost of construction for O.N. Stevens Raw Water Influent Improvements is
$16,000,000. The basic services fee proposal for Amendment No. 1 is $1,350,000;
therefore, the percentage of basic engineering services cost to construction cost for
Amendment No. 1 is 8.4%.
AMD. NO. 1
EXHIBIT "A"
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EXHIBIT "A-1 "
TASK LIST
CITY OF CORPUS CHRISTI
O.N. STEVENS RAW WATER INFLUENT IMPROVEMENTS
(Project No. 8643)
Phase I - Preliminary Design Phase
1) Perform field investigation as required to define specific areas of demolition and
new work, equipment, locations, tie-in point, and other applicable parameters
required to complete the items as shown on this Task List.
2) Attend and participate in project start and planning meetings (2 meetings) with City
staff to discuss planning and conceptual design. Gather information and perform
close coordination with Water Department staff.
3) Develop a preliminary construction schedule and sequencing plan that includes all
the items as shown on this Task List. This schedule will include procurement,
construction, testing, coordination, and provision for minimum interruption of
services and construction schedules with planned Capital Improvement Program
(CIP) funding and will also take into consideration recommendations in the O.N.
Stevens Water Treatment Plant Facility Analysis, City Project No. 8426.
4) Perform a topographic survey of the sites (as Additional Services). Provide
sufficient detail to tie in all physical features associated with the site. The survey
shall include 1-foot contours, ditch lines, waterlines, electrical, utilities, benchmarks,
fences, and all the applicable physical features. Provide up to one (1) control point
for the contractor to prepare construction staking. Construction staking will be the
responsibility of the contractor. Boundary surveys will be an additional service if
required.
5) Perform an assessment of the Raw Water Delivery System including
a. Raw water river pumping system and pump curve verification
b. Raw water lake pumping system and pump curve verification
c. Raw water river 2-54 inch pipelines pressure and capacity verification
d. Raw water lake 72 inch pipeline pressure and capacity verification
6) Conduct a Staff Workshop for process control and instrumentation requirements.
7) Conduct a (limited) sub-surface investigation of existing utilities.
8) Prepare a hydraulic profile for the proposed improvements.
9) Prepare seven (7) copies of a preliminary phase report including data collected and
conceptual cost estimates for the anticipated equipment, civil/site work, electrical,
and related construction costs for all the items as shown on this Task List ,set forth
AMD. N0.1
EXHIBIT "A-1"
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the design criteria, Texas Commission on Environmental Quality (TCEQ)
requirements and make recommendation to the City staff.
10) Review with City staff, revise, and furnish seven (7) copies of final report. Obtain
approval to proceed to Phase II -Final Design.
Phase II -Final Design
1) Upon acceptance of preliminary engineering report and preliminary plans by the
OWNER, FNI shall prepare a 50% review submittal of the Plans and Specifications for
the improvements and demolition projects. The proposed design components for the
project are as follows:
a. Design of 72" and (2) 54" RW lines from North property line to new meter station
and junction box.
b. Design of new plant meter station
c. Design of new junction box
d. Design of 96" RW lines to/from hurricane storage basins
e. Design of new intake structure within hurricane storage basins to be able to divert
the full 200 MGD to the plant. (Pumping improvements are not part of this contract.)
f. Sheet pile design to support construction of intake structure
g. Hurricane storage embankment improvements (not included in this contract)
h. Design of (2) 72" RW lines from new junction box to proposed splitter box
i. Design of proposed splitter box
j. Design of (4) 54" RW lines from splitter box to new control meter station
k. Design of new control meter station
I. Instrumentation and controls designs required to support project improvements
m. Design of (4) 54" RW dines from new meter station to new rapid mixing basins
(Rapid mixing basins by others)
n. Demolition of old meter vault
o. Demolition of old raw water junction box
p. Demolition of old receiving unit
q. Construction sequencing - The ONSWTP must be kept operational with only a few
hours (4 to 6 hours) possible for tie-ins and shut downs during low water demand
periods. The influent headworks are congested with piping and structures that must
remain in operation and be protected during construction activities. The proposed
improvements must consider existing utility conflicts while maintaining the plant
completely operational.
2) Conduct a 50% review workshop with the City and incorporate comments.
3) Prepare a 100% review submittal of the plans and specifications for the improvements
and demolition projects.
4) Conduct a 100% review workshop with the City and incorporate comments.
5) Prepare contract documents and technical specifications using FNI standard
documents. Include any specific requirements of the City of Corpus Christi.
AMD. N0.1
EXHIBIT "A-1"
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6) Submit plans, specifications, and contract documents to the TCEQ for review and
approval.
7) Prepare final opinion of probable construction cost.
8) Submit plans and contract documents for FNI constructability review and QA/QC
process. Make final modifications to plans.
9) Prepare five (5) sets of plans and contract documents for the OWNER to review at 50%
and 100% completion. 100% plans shall be submitted, dated, and stamped "Not for
Construction." Upon approval of the plans by the OWNER, the words "Not for
Construction" shall be removed and the plans stamped "Issued for Bid" and dated. The
Engineer will provide the OWNER five (5) copies of the "Issued for Bid" approved and
dated plans and contract documents.
Phase III -Bid Phase
1) Assist OWNER in securing bids. Issue Notice to Bidders to prospective contractors and
vendors listed in FNI's database of prospective bidders, and to selected plan rooms.
Provide a copy of the notice to bidders for OWNER to use in notifying construction
news publications and publishing appropriate legal notice. The cost for publications
shall be paid by OWNER.
2) FNI will print 1 set of bid documents and deliver to City.
3) Assist OWNER by responding to questions and interpreting bid documents. Prepare
and issue addenda to the bid documents to plan holders if necessary.
4) Assist the OWNER inconducting apre-bid conference for the construction projects and
coordinate responses with OWNER. Response to the pre-bid conference will be in the
form of addenda issued after the conference. Attend the tour of the project site after
the pre-bid conference.
5) FNI will assist OWNER in the opening, tabulating, and analyzing the bids received.
Review the qualification information provided by the apparent low bidder to determine if,
based on the information available, they appear to be qualified (based on owner
requirements) to construct the project. Recommend award of contracts or other actions
as appropriate to be taken by OWNER.
Phase IV -Construction:
Upon completion of the bid or negotiation phase services, FNI will proceed with the
performance of construction phase services as described as follows. FNI will endeavor to
protect OWNER in providing these services; however, it is understood that FNI does not
guarantee the contractor's performance, nor is FNI responsible for supervision of the
contractor's operation and employees. FNI shall not be responsible for the means,
methods, techniques, sequences or procedures of construction selected by the contractor,
AMD. N0.1
EXHIBIT "A-1"
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or any safety precautions and programs relating in any way to the condition of the
premises, the work of the contractor or any subcontractor. FNI 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.
The OWNER agrees to include provisions in the construction contract documents that will
require the construction contractor to include FNI and their subconsultants on this project to
be listed as an additional insured on contractor's insurance policies.
1) Assist OWNER in conducting pre-construction conference with the contractor,
review construction schedules prepared by the contractor pursuant to the
requirements of the construction contract.
2) Have surveyor re-establish project control points and benchmarks for contractor.
3) Establish communication procedures with the OWNER and contractor. Submit
monthly reports of construction progress. Reports will describe construction
progress in general terms and summarize project costs, construction schedule and
pending and approved contract modifications.
4) Establish and maintain a project documentation system consistent with the
requirements of the construction contract documents. Monitor the processing of
contractor's submittals and provide for filing and retrieval of project documentation.
Produce monthly reports indicating the status of all submittals in the review process.
Review contractor's submittals, including requests for information, modification
requests, shop drawings, schedules, and other submittals in accordance with the
requirements of the construction contract documents for the projects. Monitor the
progress of the contractor in sending and processing submittals to see that
documentation is being processed in accordance with schedules.
5) Make a maximum of two (2) monthly visits to the site (as distinguished from the
continuous services of a Resident Project Representative) toobserve the progress
and the quality of work and to attempt to determine in general if the work is
proceeding in accordance with the Construction Contract Documents. The
estimated construction time for this project is 18 months. Therefore, FNI will visit
the site 36 times with 6 additional site visits as required (42 total). In this effort FNI
will endeavor to protect the OWNER against defects and deficiencies in the work of
contractors and will report any observed deficiencies to OWNER. Visits to the site
in excess of the specified number are an additional service.
6) Review quality related documents provided by the contractor such as test reports,
equipment installation reports or other documentation required by the Construction
Contract Documents. Coordinate the work of testing laboratories required for the
testing or inspection of materials, witnessed tests, factory testing, etc. for quality
control of the Project. The cost of such quality control testing is not included in the
services to be performed by FNI.
7) Process contract modifications and negotiate with the contractor on behalf of the
OWNER to determine the cost and time impacts of change orders. Prepare change
AMD. N0.1
EXHIBIT "A-1"
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order documentation for approved changes for execution by the OWNER.
Documentation of field orders, where cost to OWNER is not impacted, will also be
prepared. Investigations, analyses, studies or design for substitutions of equipment
or materials, corrections of defective or deficient work of the contractor or other
deviations from the construction contract documents requested by the contractor
and approved by the OWNER are an additional service. Substitutions of materials
or equipment or design modifications requested by the OWNER are an additional
service.
8) Conduct, in company with OWNER's representative, afinal review of the Project for
conformance with the design concept of the Project and general compliance with
the Construction Contract Documents. Prepare a list of deficiencies to be corrected
by the contractor before recommendation of final payment. Assist the City in
obtaining legal releases, permits, warranties, spare parts, and keys from the
contractor. Review and comment on the certificate of completion and the
recommendation for final payment to the contractor(s).
9) Prepare an Operation and Maintenance Manual of the improvements in accordance
with provisions of TCEQ regulatory guidance document RG - 243, Operations and
Maintenance Manual for Surface Water Treatment Plants.
10) Revise the construction drawings in accordance with the information furnished by
construction contractor reflecting changes in the Project made during construction.
Three (3) sets of prints of "Record Drawings" and one (1) CD with an electronic file
copy of the plans in AutoCAD and contract documents in Word.
11) PROJECT REPRESENTATION
A. The ENGINEER will provide Construction Observation Services on the Site.
The duties, responsibilities and the limitations of authority of the Construction
Observation Inspector, and designated assistants, are as follows:
1. Construction Observation Inspector is ENGINEER's agent at the site, will
act as directed by and under the supervision of ENGINEER, and will
confer with ENGINEER regarding Construction Observation Inspector's
actions. Construction Observation Inspector's dealings in matters
pertaining to the on-site Work shall in general be with ENGINEER and
CONTRACTOR, keeping OWNER advised as necessary. Construction
Observation Inspector's dealings with Subcontractors shall only be
through or with full knowledge and approval of CONTRACTOR.
Construction Observation Inspector shall generally communicate with
OWNER with the knowledge of and under the direction of ENGINEER.
B. Duties and Responsibilities of Construction Observation Inspector:
Schedules: Review the progress schedule, schedule of Shop Drawing
submittals and schedules of values prepared by CONTRACTOR and
consult with ENGINEER concerning acceptability.
AMD. N0.1
EXHIBIT "A-1"
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2. Conferences and Meetings: Attend meetings with CONTRACTOR, such
as preconstruction conferences, progress meetings, job conferences and
other project-related meetings, and prepare and circulate copies of
minutes thereof.
3. Liaison:
a. Serve as ENGINEER's liaison with CONTRACTOR, working
principally through CONTRACTOR's superintendent and assist in
understanding the intent of Contract Documents; and assist
ENGINEER in serving as OWNER's liaison with CONTRACTOR
when CONTRACTOR's operations affect OWNER's on-site
operations.
b. Assist in obtaining from OWNER additional details or information,
when required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and Samples.
b. Receive Samples which are furnished at the Site by CONTRACTOR,
and notify ENGINEER of availability of Samples for examination.
c. Advise ENGINEER and CONTRACTOR of the commencement of
any Work requiring a Shop Drawing or Sample if the submittal has
not been approved by ENGINEER.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to determine if
the Work is in general proceeding in accordance with the Contract
Documents.
b. Report to ENGINEER whenever Construction Observation Inspector
believes that any Work will not produce a completed Project that
conforms generally to the Contract Documents or will prejudice the
integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents, or has
been damaged, or does not meet the requirements of any inspection,
test or approval required to be made; and advise ENGINEER of
Work the Construction Observation Inspector believes should be
corrected or rejected or should be uncovered for observation, or
requires special testing, inspection or approval.
c. Verify that tests, equipment and systems start-up and operating and
maintenance training are conducted in the presence of appropriate
personnel, and the CONTRACTOR maintains adequate records
thereof; and observe record and report to ENGINEER appropriate
details relative to the test procedures and start-ups.
d. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these
inspections and report to ENGINEER.
AMD. N0.1
EXHIBIT "A-1"
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6. Interpretation of Contract Documents: Report to ENGINEER when
clarifications and interpretations of the Contract Documents are needed
and transmit to CONTRACTOR clarifications and interpretations as
issued by ENGINEER.
7. Request for Revisions: Consider and evaluate CONTRACTOR's
suggestions for revisions to Drawings or Specifications and report with
Construction Observation Inspector's recommendations to ENGINEER.
Transmit to CONTRACTOR in writing decisions as issued by ENGINEER.
8. Records:
a. Maintain at the job site orderly files for correspondence, reports of
job conferences, Shop Drawings and Samples, reproductions of
original Contract Documents, including all Work Change Directives,
Addenda, Change Orders, Field Orders, Written Amendments,
additional Drawings issued subsequent to the execution of the
Contract, ENGINEER'S clarifications and interpretations of the
Contract Documents, progress reports, submittals and
correspondence received from and delivered to CONTRACTOR and
other Project related documents.
9. Reports:
a. Furnish to ENGINEER periodic reports as required of progress of the
work and of CONTRACTOR's compliance with the progress
schedule and schedule of Shop Drawings and Sample submittals.
b. Consult with ENGINEER in advance of scheduled major tests,
inspections or start of important phases of the Work.
c. Draft proposed Written Amendments, Change Orders and Work
Change Directives, obtaining backup material from CONTRACTOR
and recommend to ENGINEER Written Amendments, Change
Orders, Work Change Directives, and Field Orders.
d. Report immediately to ENGINEER and OWNER the occurrence of
any accident.
10. Payment Requests:ReviewRpplications for Payment with CONTRACTOR
for compliance with the established procedure for their submission and
forward with recommendations to OWNER, noting particularly the
relationship of the payment requested to the schedule of values, Work
completed and materials and equipment at the Site but not incorporated
in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of
the Work, verify that certificates, maintenance and operation manuals and
other data required to be assembled and furnished by CONTRACTOR
are applicable to the items actually installed and in accordance with the
Contract Documents, and have this material delivered to ENGINEER for
review and forwarding to OWNER prior to final payment for the Work.
12. Completion:
AMD. N0.1
EXHIBIT "A-1"
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a. Before ENGINEER issues a Certificate of Substantial Completion,
submit to CONTRACTOR a list of observed items requiring
completion or correction.
b. Observe whether CONTRACTOR has performed inspections
required by laws or regulations, ordinances, codes or order
applicable to the Work, including but not limited to those to be
performed by public agencies having jurisdiction over the Work.
c. Conduct a final inspection in the company of ENGINEER, OWNER
and CONTRACTOR and prepare a final list of items to be completed
or corrected.
d. Observe whether all items on final list have been completed or
corrected and make recommendations to ENGINEER concerning
acceptance.
C. Limitations of Authority of Construction Observation Inspector:
1. Shall not authorize any deviation from the Contract Documents or
substitution of materials or equipment (including "or-equal" items), unless
authorized by ENGINEER.
2. Shall not exceed limitations of ENGINEER'S authority as set forth in
Agreement or the Contract Documents.
3. Shall not undertake any of the responsibilities of CONTRACTOR,
Subcontractor, Suppliers, or CONTRACTOR's superintendent.
4. Shall not advise on, issue directions relative to or assume control over
any aspect of the means, methods, techniques, sequences or procedures
of construction unless such advice or directions are specifically required
by the Contract Documents.
5. Shall not advise on, issue directions regarding or assume control over
safety precautions and programs in connection with the Work or any
activities or operations of OWNER or CONTRACTOR.
6. Shall not accept shop drawing or sample submittals from anyone other
than the CONTRACTOR.
7. Shall not participate in specialized field or laboratory tests or inspections
conducted by others, except as specifically authorized by ENGINEER.
AMD. N0.1
EXHIBIT "A-1"
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EXHIBIT B
MANDATORY INSURANCE REQUIRMENTS
(Revised July 2009)
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 afl 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. INDEMNIFICATION AND 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
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P
i ~ SUPPLIER NUMBER
TO BE ASSIGNED BY~TfY--
PURCHASING DIVISION
~~ CITY OF CORPUS CHRISTI
city of DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Freese and Nichols, Inc.
P. O. BOX:
STREET ADDRESS:
5402 S. Staples, Suite 208 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 page or attach separate sheet.
1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
N/A 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 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 N/A
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on an 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 N/A
CITY:
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: Ron Guzman, P.E. Title: Vice President/Group Manager
(Type or Print)
Signature of Certifying Date:
Person: "'- ~ Z ' l ~j • U ~
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.
"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.
"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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