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HomeMy WebLinkAboutC2010-146 - 5/18/2010 - ApprovedAMENDMENT NQ. 1 CITY OF CARPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Carpus Christi, a Texas home rule municipal corporation, P.O. gox 9277, Carpus Christi, Nueces County, Texas 78489-9277 City}acting through its duly authorized City Manager or Designee (Director of Engineering Services} and HDR ENGINEERING, INC., a Texas corporation, 555 N. Carancahua, Suite 165Q, Carpus Christi, Nueces County, Texas 78478, [ArchitectlEngineer - AlE}, hereby agree as follows: SCOPE OF PROJECT ~Bayfront Development Plan, Phase 3 (Project No. 6511 BAND ISSUE 2QQ$~ The limits of the project include roadwa im rovements from Buford Avenue to Lawrence Street and from the top of the seawall steps to the west side of South Shoreline boulevard. This project does not include the Coliseum yr the adjacent north parking lot, nor does it include improvements within the adjacent park areas. This project will include utility stub- outs to the park areas, as well asminor re-grading and re-vegetation for areas demolished under this contract. The project will relocate the northbound Panes of South Shoreline Boulevard tv the west. 2. SCOPE OF SERVICES The A!E hereby agrees, at its own expense, to perform design services necessary tv review and prepare plans, specifications, and bid and contract documents. In addition, AIE will provide monthly status updates (project progress yr delays, gantt charts presented with monthly invoices} and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the AIE ~prvvide breakdown of costs, schedules}, and written authorization is provided by the ^irector of Engineering Services. AIE services will be "Services far Construction Projects"- Basic Services far Construction Projects"}which are shown and are in accordance with "Professional Engineering 5ervices- A Guide tv the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. Far purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The AIE agrees to begin work ^n 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 2~1d-146 MZU14-115 ~s~1s~1~ HDR Engineering Amendment No. 1 Cvntra~t for Engineering (AIEy Services Page 1 of 3 INDUCED be required for review by the City staff and may be amended by or with the concurrence of the ^irectar of Engineering Services. The ~irec#or of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase in fee is required. Services yr tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. AIE shall notify the City of Corpus Christi within three {3} days of notice if tasks requested requires an additional fee. 4. INDEMNITY AN^ INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "8". 5. FEE The City will pay the AIE a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $1,12fi,g7fi.7Q, one million one hundred twenty six thousand nine hundred seventy six dollars and seventy cents, for a total restated fee of $1,1fi8,976_7Q, one million one hundred sixty eight thousand nine hundred. seven six dollars and seventy cents. Monthly invoices will be submitted in accordance with Exhibit crD~r fi. TERMINATION DF CONTRACT The City may, at any time, with ar without cause, terminate this contract upon seven days written notice to the AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTiCIPATIDN The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit tv the local economy. The AIE agrees that at least 75°I° 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°I° of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area [MSA.} 8. ASSI~NA6ILITY The AIE 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 AlE staff. If the A1E 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 AIE fee may be assigned in advance of receipt by the AIE without written consent of the City. The City will not pay the fees of expert ar technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Amendment Nv. 1 Contract for Engineering {AlE} Services Page 2 ^f 3 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 AIE without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific to this project. The City agrees that any madificatian of the plans will be evidenced an the plans, and be signed and sealed by a professional engineer prior tv re-use of modified plans. 1 ~. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of lnferesfs form attached hereto as Exhibit "C". CITY F CORPU CHRISTI HDR EN N ERI NC ~drrt. S /~! ~o ~~~r~ Juan Peral , Jr., P. E., ate Carl Crull, P. E., ^ate Assistant ity Manager Vice President 555 N. Carancahua, Suite 165a Corpus Christi, TX 78478 {361 } 857-2211 Office RECOMM DED {361 } 857-7234 Fax S ~3~U Pete Anaya, P. E., Date Director of Engineering Services [~ n ~J ~J ~ ~ A[1THflRi7.~D ATTE ~Y ~OG~CI~... ~ a ,,,~,,.,~...r..~.... Armando Chapa, City S retary SECRpf14RY APPROVED A5 TO FORM tY City Attorney Date Amendment Alo. 1 Contract for Engineering [AIE} 5er~ices Page 3 of 3 EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS BAYFRONT ^EVELOPMENT PLAN, PHASE 3 PROJECT N0.651'I I. SCOPE OF SERVICES The limits of the project include roadway improvements from Buford Avenue to Lawrence Street and from the top of the seawall steps to the west side of South Shoreline Boulevard. This project does not include the Coliseum or the adjacent north parking lot, nor does it include improvements within the adjacent park areas. This project will include utility stub-outs tv the park areas, as well as minor re-grading and re-vegetation far areas demolished under this contract. The project will relocate the northbound lanes of South Shoreline Boulevard to the west. improvements for the adjacent park areas will be negotiated under separate contract as required. A. Basic Services. 1. Preliminary Phase. The ArchitectlEngineer-AIE will: Provide preliminary engineering services in accordancewith recommendations provided in the Engineering Letter Report (ELR} developed by HOR under the original Small AIE Agreement, which includes preliminary designs, drawings, and a written description of the project roadway elements. The fallowing tasks are a supplement to the ELR. a. Submit one {1 }copy in PDF format, and ^ne ~1 }paper copy of the strip map showing the 3d°Ia horizontal roadway alignment at a scale of 1-inch = 5d-feet} b. Submit one ~1 }copy in PDF format, and one ~1 ]paper copy of the strip map showing the 30°I° conceptual traffic control plan at a scale of 1-inch = 5B-feet} c. 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.} d. Confer with the City staff regarding the design parameters of the Project. The Engineer will participate in up to three formal meetings with City staff ~praject kick- off meeting, project progress meeting, and Preliminary Design Review Workshop (DRW}}, provide agenda for each formal meeting, and distribute meeting minutes within seven ~7} working days of the meeting. e. Coordinate with electrical, communication, and other private utility owners (such as AEP and AT&T} that may have existing facilities requiring relocation to accommodate the proposed improvements. f. Develop drainage area boundary map far existing and proposed drainage areas AMd. NO. 9 EXHIBIT "A" Page 1 of 12 Revised A ri 1201 ~ H:IHOMEIlLeIlyO1GEM5TREETSLB511- BayFrpnS Qevelopment Alan, Phase 3VAmerMment No. 1VExhieilA- Final.tlpC using reasonable assumptions for future drainage of existing adjacent tracts and in general conformance with the Ci#y's proposed Storm Water Master Plan requirements. Conduct a hydraulic analysis of existing and proposed storm water systems. g. ^evelop preliminary street cross-section for a rigid pavement section to incorporate the Geatechnical Consultant's recommendations. h. Also provide the following tasks. 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 AlE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements, and develop preliminary requirements for utili#y relocations, replacements, or upgrades. 2} Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, and identify potential problems and passible conflicts, intent of design, and improvements required, and conformance tv relevant Master Plan{s}, 3} Identify results of site field investigation including site Endings, existing conditions, potential right of wayleasements, and probable Project design solutions. 4} Identify necessary environmental site evaluations and archeological reports that are needed forthe Project {environmental and archeological services to be an Additional Service}. 5} Identify and analyze requirements of governmental authorities having jurisdic#ion to approve design of the Project and permitting, environmental, historical, construction, and geotechnical issues. fi} Coordinate field location of existing utilities using Texas one-call system [Coordinate with appropriate City Operating Departments}. i. Participate in a Preliminary ^RW. The AlE will compile the list of responses and solutions agreed to at the DRW. The list will be emailed back to City staff within seven {7} days following the DRW far City distribution. 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 G15 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. {AIE to coordinate with City Operating Department.} g. Provide applicable Master Plans. h. Provide bench marks and coordina#es. i. Conduct a preliminary phase DRW tv last no more than four hours in which all affected City Departments, City Staff, Private Utility Owners, and AIE will attend. The AMD. NO. 7 ExH161T "A" Page 2 of 12 Revised A ril 2414 H:WDME1KellyOlGEN1STREETSL6511- Bayfront Develppment Plan, Phase 31Psnendmenl No. 1lExhibil A- Final.doc purpose of the DRW will be tv provide an opportunity far comments and cancems to be raised followed by a reasonable response or amendable solution to be agreed upon by all in attendance. The comprehensive list of responses andbrsolutians wild be compiled by the AIE and agreed to at this meeting. Addressing comments received after this DRW will constitute an additional service. 2. Design Phase. lJpon approval of the preliminary phase, designated by receiving authorization to proceed, the AlE will: a. Study, verify, and implement Engineering Letter Report recommendations and results of the Preliminary DRW including construction sequencing, connections tv the existing facilities, and restoration of property and incorporate these plans into the construction plans. Elements will include roadway improvements and modifications to the storm water, water and wastewater systems within the project limits. Development of the construction sequencing will be coordinated with the City operating Departments}and Engineering Services staff. Construction plans wild be prepared an 22" x 34" plan sheets that can be reduced to ~ i" x 17". b. The traffic control plan [TCP} component shall include ^ne ~~ } construction sequencing scenario. It is anticipated that demolition of existing northbound Shoreline Blvd. will not begin until construction along southbound 5hvreline Blvd. is complete. The TCP will include construction sequence narrative, typical crass sections, construction phasing, temporary pavement markings and barricades. Standard sheets for barricades, traffic control plan, work zone pavement markings and signage will be included, and as delineated by the City Traffic Engineering Department. City-requested changes affec#ing the overall traffic control plan approved in the 6~°/o plan submittal will be considered additional services. c. Prepare one [1 }set of the construction bid and contract documents [electronic and full-size hard copies using City Standards as applicable], including contract agreementforms, general conditions and supplemental conditions, notice fo bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related i#ems; specifications and drawings tv fix and describe, far one bid, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for cvnstructivn and cast analysis. d. Provide limited coordination (up to 40 hours} with electrical, communication, and other private utility owners {such as AEP and AT&T} that may have existing facilities requiring relocation to accommodate the proposed improvements. e. Provide assistance fo identify testing, handling and disposal of any hazardous materials andlar contaminated soils that may be discovered during cvnstructivn [ta be included under additional services}. f. Prepare trnai quantities and estimates of probable casts with the recommended constnuction schedule. The cvnstructivn schedule will provide a phased approach to track progress and payments. g. Furnish one ~1} set of the interim plans 1;5d°/° submittal -electronic and full-size hard copies using City Standards as applicable} tv the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system far utility manholes. Identify distribution list far plans and bid documents to all affected utilities including City and all ether affected entities. AMD. NO. ~ EXH161T "A" Page 3 of 12 Revised A ril 2fl9D ~~ET51651 S • BayGmt PevBlppmenl Pian, Phase 31Arnendmenl kp 11Exhibil A- Final.doc Required with the interim plans is a "Plan Executive Summa 'which will identify and summarize the project by distinguishing key elements such as: ^ RQW requirements and why ^ Permit requirements and why ^ Easement requirements and why ^ Qpinivn of probable cons#ruction costs summary ^ Any unique requirements h. Assimilate all review comments, modifications, additiansldeletions and proceed to next phase, upon Notice to Proceed. j. Attend a 60°I° ^esign Review Workshop {DRW}. The AIE will compile the list of responses and solutions agreed to at the Pre-Final DRW. The list wiH be emailed back to City staff within seven {7} days following the Pre-Final DRW for distribution. k. Provide one {1 } set of the pre-final plans and bid documents {9Q°Io submittal - electranic and full-size hard copies using City Standards as applicable} tv 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. k. Provide Quality AssurancelQuality Control {C~AAIQC} measures to ensure that submittal of the interim, pre-final {if required}, and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub-consultant A!E shall submit a letter declaring that all engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all disciplines including but not limited tv structural, civil, mechanical, electrical, etc. I. Assimilate all final review comments {if any}. m. Upon approval by the Director of Engineering Services, provide one (1}set of fhe final plans and contract documents {electronic and full-size hard copies using City Standards as applicable} suitable for reproduction. Said bid documents henceforth became the sole property and ownership of the City of Carpus Christi. n. 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. v. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. p. Provide a Storm Water Pollution Prevention Plan, if required. The City staff will: a. Designate an individual to have responsibility, authority, and contra! For coordinating activities for the construction contract awarded. b. Provide the budgef fvrthe Project specifying the funds available fvrthe construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms far required bid documents. d. Conduct a 5a°/o design phase DRW and Pre-Final ^RW to last no more than four hours for each ^RW in which all affected City Departments, City Staff, Private Utility owners, and AIE will attend. The purpose of each DRW will be to provide an opportunity for comments and concerns tv be raised Followed by a response of AMO. ND. 1 E7(HI61T "A" Page 4 of 12 Revised A ril 201t} H:IHOMEIF(eilyplGEN15TREET5V6511- Bayiront l7erelopment Plan, Phase 3Wrriendment No. 11Exhibit A- Final.doc amendable solution tv be agreed upon by all in attendance. The comprehensive list of responses andlor solutions will be compiled by the AIE and agreed tv at this meeting. Addressing comments received afterthis DRW will constitute an additional S@NICe. 3. Bid Phase. The AIE 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 dacuments and prepare, in the City's format, forthe Engineering Services' approval, any addenda ar ether revisions necessary to inform contractors of approved changes prier to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. Tv this end, the AIE will make a reasonable effort to determine the background and qualifications of the three {3} lowest qualified bidders. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE's design phase estimate required above, the Engineer will, at its expense, conferwith City staff and make such revisions to the bid documents as the City staff deems necessary to re- advertise that particular portion of the Project for bids. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue {with the assistance of the AIE} any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract far execution between the City and the contractor. 4. Construction Phase. The AIE 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. Participate in one {1 } public informational meeting. AIE shall provide one hard copy of project strip map and presentation boards illustrating general construction sequencing and typical cross-sections. b. Review for conformance to contract dacuments, 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, for up to four {4} hours per week far a construction duration of up to fourteen {14} months, tv confer with the City project inspector and contractor to AM©. NO. 1 EXHIBIT "A" Page 5 of 12 Revised A ri 1201 ~ H:WOhM1E1Ka11y01GENVS7REET5V&511- BayFrpnl 6evelopment Pfan. PhBSe 3Vvnendmeni Hp. 11Exhihit A- Final.doc observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division}. g. Provide documentation of project completion to TDLR for coordination of final ADA walkthrvugh. h. Make final inspection with City staff tv identify and address final punch list items. i. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals {t,y the Contractor} for all equipment installed an this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.4. As a minimum the Introduction, Table of Conten#s, 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. lJse 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 vn the City's computer - Imaging for Win95 {Vllang} and Microsoft Imaging Composer. Deliver the manuals vn a CD-RDM, not an floppy disks. j. 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 {AutoCA^ r.i4 or later} of the record drawings within two {2} months of final acceptance of the project. All drawings will he CAD^ drawn using dwg format in AutaCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular farm. All electronic data will be compatible with the City GIS system. The City staff will: a. Locate a venue for the public meeting, reserve it, publicize the meeting, and provide a sound system and audivlvisual equipment. b. Prepare applicativnslestimates far payments to contractor. c. Conduct the final acceptance inspection with the Engineer. 8. Additional Services {ALL~WANCEy This sec#ion defines the scope {and ALLaWANCE}for compensation for additional services that may be included as part of this contract, but the AIE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The AIE will, with written authorization by the Director of Engineering Services, do the following: 1. Traffic Analysis. Prepare updated traffic analysis bounded by Buford to IH 37, Water Street to Shoreline Boulevard and based on the projections from the City's transportation master plan. Prepare recommendations on lane count, routing, roadway cross-section, AMO. Nfl. 1 ExHt81T "A" Page 6 of 12 Revised A ril 2fl10 H:WOhM1E1KeIlyOLGEhAS7REET515511- Bayfront Oevefopmern Plan_ Phase 31Amendmenl ko 11Exh,eil A- FinaLdoc traffic signalization, and intersection design. Traffic modeling and expected level of service will be performed far the existing condition and recommended alternative. 2. Public Involvement and Cvordinatinn Meetings. The AIE will conduct public meetings for project stakeholders and interested ci#izens, and provide project updates to City Council. The City will locate a venue, reserve it, and publicize the meeting and provide all necessary audiolvisual equipment. The City shall reimburse the AIE, depending an the actual number of meetings held. The following meetings may be held with prior authorization by the City. ^ Public meetings {up tv eight}. ^ City Council briefings {up tv five). 3. Permit Pre oration. Furnish the City all engineering data and documentation necessary far all required permits. The AIE will prepare this documentation for all required signatures. The AIE will prepare and submit all permits as applicable tv the appropriate local, state, and federal authorities, including, but not limited to: a. Texas Department of Licensing and Regulation {TDLR } b. Texas Commission of Environmental Quality {TCEQ} PermitslAmendments 4. 5urvey [General]. Establish Horizontal and Vertical Control • Establish both primary and secondary horizontallvertical control. • Horizontal control will be based on NAD 83 State plane coordinates {South Zvne}, and the data will have no adjustment factor applied - i.e. -the coordinate data will remain in grid. • Vertical control will be based vn NAVD 88. • All control work will be established using conventional (non-GPS} methods. a. Ri ht-of-Wa RaW Ac uisition 5urve . The AIE will review existing ROW and easements to ascertain any conflicts and provide field RAW surveys and submit RDW plats and descriptions for the City's use in the acquisition process. All work must comply with Category 'I -A, Condition !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 tv and conform with the City's Global Positioning System {GPS} control network and complywith all TxDOT requirements as applicable. AIE Consultant will be required tv obtain Preliminary Title Reports from a Ivcal title company and will provide copies of the title reports to the City. • AIE shall perform surveys to determine apparent right-of-way widths. ^ Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing RAW and analyze tv extablish existing apparent RAW. ^ Provide preliminary base map containing apparent ROW, which will be used by the AIE to develop the proposed alignment and its position relative to the existing and proposed RDW. This preliminary base map wi11 show lot or property lines, land ownership and addresses as per appraisal district records. ^ Set property corners and prepare right-af-way strip parcel map depicting all parcels proposed for acquisition. Metes and hounds descriptions may indicate parent tract areas based on recorded information only. Only easements within the parcels tv be acquired yr those within adjacent parcels will be shown. AMA. ND. 'I EXHIBIT "A" Page 7 of 1~ Revised A ril ~a1 Q H:lliOMEV{e11yO1GEM5TftE>=7516511- 9aylront llevelopment Plan, Phase 31AmendmenE No. 1LExhi6it A- Final.doc ^ Prepare individual signed and sealed parcel maps and legal descriptions forthe required right-of-way acquisition for up to six {fi} parcels and easements. Additional fees may be required in resolving boundary conflicts between Dwners. • The A!E will field mark and delineate all new right-of-way lines upon request of the City's Land Acquisition ^ivisivn. b. Topographic Survey AIE will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points {as required fvr the aerial mapping of the Project area -aerial photography to be provided by City}. Establish base survey controls far line and elevation staking [not detailed setting of lines and grades fvr 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 B, 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. • Locate proposed soillpavement core holes as drilled by the City's Geotechnical Engineering Consultant. • Dbtain x, yand z of accessible existing sanitary sewer and storm water lines and locate visible utilities, wells and signs within the apparent RDW width along project limits, or as required to fully depict existing features which may be affected by the Project. No utility connections will be shown. Surveying services, related to subsurface utility engineering {SUE} shall be provided as part of the scope of work for SUE. ^ Locate improvements within the apparent RDW or as required to fully depict existing features which may be affected by the Project. ^ Locate and identify trees, at least five inches in diameterwhich may be affected by the Project. Generate electronic planimetric base map for use in project design. 5. Subsurface Utility Engineerr~ a. Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C-I, 38-Q2, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro-excavation. Up to thirty {30} exploratory excavations have been budgeted for this effort. Additional exploratory excavations wi11 be authorized by amendment to the contract. The proposed subsurface utility investigation will be as follows: • 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 prvjec# limi#. {Quality Level A involves the use of nondestructive digging equipment at critical paints to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at #his quality level will be physically located and tied #o the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. • 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, pasts, etc., and correlating this informative with existing AMO. ND. 1 EXHIBIT "A" Page 8 of 12 Revised A ril 2010 H:IHOMEVKe11yO1GENlSTREETSl6511- 6ayFront ~ev'elopmenf Plan, Phase 3Wme+~dment Na. 11Exhibit A- Final.doc utility records.} These utilities will be Iacated by obtaining aOne-Call Notice and measuring the marked locations. • Storm Water -Storm water facilities within the project limits will be Iacated to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. ^ 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. Was#ewater lines that are not to be replaced as part of this project and that fall within the foo#print of construction-related excavation shall be Ivcated at Quality Level A. • Water- Water facilities within the project limits will be Ivcated tv Quality Level C. • Gas -Gas facilities within the project limits will be located to Quality Level C by the AIE. The City of Corpus Christi Gas Department will provide Quality Level A. The AIE will coordinate this activity. • inform local franchises whose utilities fall within the footprint ofcvnstructivn-related excavation of the potential for encountering their utility lines during cvnstructivn. 6. cvnstructivn Qbservativn Services. Provide a project representative {PR} to provide periodic construction observation for ~0 hours per week for an estimated construction duration of up to 14 months. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assis#ants, the AIE shall endeavor to provide further protection for the CITY against defects and defrciencies in the work. B. The duties and responsibilities of the PR are described as follows: t. General: PR will act as directed by and underthe supervision ofAlE, and will confer with AIE 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- cons#ruc#ion conferences, progress meetings, job conferences and other project- related meetings as required by the City, and prepare arrd circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the in#ent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of AIE 4. Interpretation of Contract Documents: Repvrtwhen 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 Wvrk requiring a Shop Drawing ^r Sampfe submittal for which PR believes that the submittal has not been approved. AMD. ND. 1 E][HIBIT "A" Page 9 flf 12 Revised A rll 2Q10 H:WOME1KeItyOIGENiSTREET5165S1.8ayVa,t Oerelopmenl Pian, Phase 35AmeridmBnl Ho. 11E>rhihilA- Final.doC 6. Review of Work and Rejection of Defective Work: A. Conduct on-Site observations of Contractor's work in progress to assist AIE in determining if the Work is in general proceeding in accordancewith the Contract ^ocuments. 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 has been damaged, or does not meet the requirements of any inspec#ion, test or approval required to be made; and advise City and AIE of that part of work in progress that PR believes should be corrected yr rejected or should be uncovered for observation, or requires special testing, inspection yr approval. C. ^bserve whether Contractor has arranged for inspections required by taws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. T. Records: A. Maintain orderly files far 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, AIE's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours ^n the Site, weather conditions, data relative to questions of Change orders, Field Orders, Work Change ^irectives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to AIE and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Wark and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD-RAM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. 9. Completion: A. Before the issue of Certificate of Completion, submit tv Contractor a kilt of observed items requiring completion yr correction. B. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. 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. 7. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defec#s requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaran#y terms of the contract. Document the condition and prepare a reportforthe City staff of the locations and conditions requiring action, with its recommendation for the AMA. NO. 1 EXHIBIT "A" Page 10 of 12 Revised A ril 2010 H:WOMEUieIly01GENI5TREET51B511- Bayfront Oevelopmenl Plan, PhasB 3Wmendmeni ko. 11ExhibilA- Final.doc method or action to best correct defective conditions and submit tv City Staff. Complete the inspection and prepare the report no later than sixty {50} days priorto the end of the maintenance guaranty period. 8. Provide the services above authorized in addition to tease items shown an Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A." IVvfe: The Exhibit "A-1" Task List does not supersede Exhibit "A." II. SCHEDULE DAY DATE ACTIVITY Tuesday May 18, 2010 Consultant Contract Approval Wednesday May 19, 2010 Begin Preliminary Phase Friday August 20, 2010 Submit Roadway and TCP Strip Maps {30°I° submittal} Friday September 3, 2010 30°Ia Design Review Workshop Monday September 6, 2010 Begin Design Phase Friday January 7, 2010 Submit Legal Descriptions and Parcel Maps for RQW Acq. Friday January 7, 2010 Submit Interim {60°I°} Pions Friday January 21, 2011 60°I° ^esign Review Workshop Friday May 13, 2011 Pre-Final Submittal Friday May 27, 2011 ^esign Review Workshop Friday June 10, 2011 Final Submittal Monday {2} TBD Advertise for Bids Wednesday TBD Pre-Bid Conference Wednesday TBD Receive Bids Wednesday TBD Council Award Friday TB^ Begin Construction Friday TBD Roadway Realignment Complete Ill. FEES A. Fee for Basic Services. The City will pay the AIE a fixed lea for providing for all "Basic SeNlceS" authorized as per the table below. The fees far Basic Services will not exceed those identified and wilt be full and to#al compensation for aii services ou#iined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. Far services provided in Section I.A.1-4, AIE wiii submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon AIE's estimate {and City concurrence} of the AMD. NQ. 1 EXHIBIT "A" Page 11 of 12 Revised A ril 2D10 k:1HDME11CeItyOLGENISTREET516511- Beyfroni Derelopmenl Plan. Phase 3LAmendment No. 11Exhibit A- Final doc proportion of the total services ac#ually 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 AlE's monthly statements. B. Fee for Additional Services. Far services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the AIE snot-to-exceed fee as per the table below: C. Summary of Fees Initial Contract Amend. No. 1 Total BASIC SERVICES 1 Prelimina Phase $42,000.00 $74 $36.40 $116,836.40 2 Desi n Phase 0.00 495,300.04 495,300A0 3 Bid Phase 0.00 16,015.10 16,015.10 4 Construction Phase 0.00 92,022.00 92,422.00 Sub total Basic Services 42,000.00 678,173.50 720,173.50 ADD ITIONAL SERVICES 1 Traffic Anal sis 0.00 32 563.20 32,563.20 2 Public Involvement and Coordination Meetin s Authorized 0 00 49,458.80 49,458.80 3 Permittin Authorized 0.00 13,906.40 13,906.40 4 Surve Authorized 0.00 91,320.20 91,320.20 5 Subsurface l.itility Engineering [Authorizedy 0.00 83,446.00 83,446.00 6 Construction Observation Services [up to 20 hours er week far u to 14 months 0.00 163,353.00 163,353.00 7 Warran Phase 0.00 14,755.60 14,755.60 Sub total Additional Services 0.00 448,803.20 448,803.20 TOTAL FEE $42,000.00 $1,126,976.70 $1,168,976.70 06/19/09 05/11/10 Admin Approval M2010- AMA. ND. 'I EXHIBIT "A" Page 12 of 12 Revised A ril 2010 H:VI-tOA~lE1KeIly01GENI5TREET5165t7- 8ayfront Clevelopmeni Plan, Phase 3WnerWment Na. SlErhieit A- Final.doc Exrllsir s MANDATORY INSURANCE REflUIRMENTS {Revised September 2Q01 y CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until helshe has obtained all insurance required herein and such insurance has been approved by the City. Nor shalt 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 3D-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED 51NGLE 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--AWNED 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 EMPLQYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 CDMBINE^ SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITYI $2,000,000 CDMBINE^ SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [ ] REQUIRED long-fern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B-8-11 and Supplemental Insurance Requirements [ ]REQUIRED [X] NOT REQUIRED INSTALLATION FLQATER $100,000 Combined Single Limit See Section B-B-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NDT 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. Exl~tlslT «B„ Insurance Requirements Pa e 1 of 3 fl. HOLD HARMLESS A. H~Lt] HARMLESS For non-professional services, Consultant agrees to indemnify, save harmless and defend the City of Carpus 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 attorney 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 connec#ion with the work covered by this contract. Eor professional services, Consultant agrees to indemnify, save harmless and defend the City of Carpus 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 attorney 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, to the extent caused or alleged to have been caused by the Consultant's negligent acts, errors or omissions in the performance of professional services under this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sale or concurrent negligence of the City of Carpus Christi, its agents, servants ar employees ar any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company ^r through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shalt 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 [~ D} 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 tv the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box S27?, 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. rcrt.~irnrl nr of F~oniricc imnrrn rur{ i,n'Idr rho nr.n#r.~nf ' 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 farm, the cancellation clause [bottom right} shall 6e amended by adding the wording "changed ^r" between "be" and "cancelled" and deleting EXHIBIT "B" Insurance Requirements Pa e 2 of 3 the words "endeavor ta" and the wording after "left". If the cancellation clause is not amended in the ACRD farm, then endorsements shat! be submitted. The name of the project also needs to be listed under "description of operations". At least 10-day written notice of change ar cancellation will be required. IV. A completed Disclosure of interest must be submitted with your proposal. ExHlelr «~,~ Insurance Requirements Pa e3of3 SUPPLIER NllME3ER TO BE A55~G1VEd SY~IT~ .= PURC1iASING C7[V1S[DN Cinr of CITY QF CORPUS CHRISTI c°r~us DISCLOSURE ~F INTEREST Christi City of Corpus Christi Qrdinance 17112, as amended, requires all persons or firrns seeking to do business wtth the City to pprovide the followin~ information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse stde for Filing Requirements, Certifications and defiinittons. COMPANY NAME: HDR Engineering, lee. P. ~. BOX: STREET ADDRESS: 555 N. Caraneahua, Suite 1650 CITY: Carpus Christi 2IP: FIRM IS: 1. Corporation X 2, Aartnership ^ 3. Sole Owner ^ 4. Association ^ 5. Other DISCLOSURE QUESTIONS If additional space is necessa try, please use the reverse side of this pa a or attach separate sheet. ] . State the names of each `employee" of the City of Corpus Christi haVin~ an "ownership interest" constituting 3% or more of the ownership in the above named "fine.' Name Job Title and City Department (if known} NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or mare of the ownership in the above named "firm." Name Title NIA 3. State the names of each "beard member" of the City ^f Corpus Christi having an "ownership interest" constituting 3% or more of the ownership to the above named "firm." Name Board, Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Cor~us Christi who worked on any matter related to the suh~ect of this contract and has an `ownership interest" constituting 3% or more of the ownershtp in the above named "firm." Name Consultant NIA 7$478 ExH161T "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 yn general or a substantial segment thereof, you shall disclose that fact in a si ned 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 appparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 [d}] CERTIFICATION 1 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 Carpus Christ, Texas as changes occur. Certifying Person: Carl E. Crull, P. E. Title: Vice President ['type ar Print] Signature of Certifying Date: Person: 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 ^f the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and ^i~ision 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." 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