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HomeMy WebLinkAboutC2010-148 - 5/18/2010 - ApprovedCITY OF CORPUS CHRISTI CONTRACT FQR PROFIiSSf~NAL SERVICES The City of Carpus Christi, a Texas home rule municipal corporation, P.D. Box 9277, Carpus Christi, Nueces County, Texas 78469-9277 City}acting through its duly authorized City Manager ^r Designee (Director of Engineering Services} and Naismith Engineerin_ g, Inc., a Texas corporation, [ArchitectlEngineer -AIE}, hereby agree as follows: ~ . SCOPE OF PRO.~ECT Williams Drive, Phase 2 - Airline to Nile Drive Bond Issue 2U~8 (Project No. 6467} This project includes the reconstruction of Williams Drive from Airline to Nile Drive. The improvements will include a four (4} lane roadway with curb and gutter, ADA curb ramps, striping, lighting, and possible upgrading of signalization at Airline. A continuous left turn wil! be provided where ROW allows. Dther improvements include a hike and bike lane an both sides of the roadway, upgrading existing city utilities water, wastewater, gas, storm water}, upgrading existing RTA bus stops, and evaluatinglupgrading the Williams Sub- Basin Drainage System. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, tv perform professional services necessary tv review and prepare plans, specifications, and bid and contract documents. in addition, AIE 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 AIE [provide breakdown of cysts, schedules},and written authorization is provided by the Director of Engineering Services. AIE services will be "Services for Construction Projects"- (Basic Services far Construction Projects"}which are shown and are in accordance with "Professional Engineering 5ervices- 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. DRDER OF SERVICES The AIE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the ^irectar of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the AIE 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 an 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 ^r with the concurrence of the Director of Engineering Services. 2hi0-148 M2U16-117 Large Ali Contract nn Page 1 of 3 U~I1~I1~M5 ORNE PHASE 21C.ONSl1L7AHT CDNTRACTWAISMITN ENGIHEERINGIS CDNTRACT PROFESSIONAL Naismith Engineering ~~~~~~ The Director 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. A1E shall notify the City of Corpus Christi within three (3}days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE AIE agrees to the mandatary contract indemnification and insurance requirements as set forth in Exhibit "6". 5. FEE The City will pay the AlE a fee, as described in Exhibit "A", for providing services authorized, a total fee not tv exceed $1,'1~6,174.QQ One Million One Hundred Six Thousand one Hundred Seventy Faur Dollars and Zero Cents. Monthly invoices will be submitted in accordance with Exhihit "D". 6. TERMINATION OF CONTRACT The City may, at any time, with ar without cause, terminate Phis contract upon seven days written notice to the AIE at the address of record. In this event, the AIE will be compensated far 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 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 AIE 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°I° of the work described herein will be performed by a labor force residing outside the Carpus Christi Metropolitan Statistical Area [MSA.} 8. ASSIGNABILITY The AIE will not assign, transfer or delegate any of its obligations yr 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 AIE staff. If the AIE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner yr 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 or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. large A!E Contract Page 2 of 3 H:LHDhfEIVEIhlAP1GEMSTREET16467 WILLIAMS °RNE PHASE 2lCON5ULTANT CDNTRACTLNAISMITH ENGINEERINGLI CONTRACT PROFESSIONAL SERVICES.~OC 9. OWNERSHIP DF DOCUMENTS All documents including contract documents {plans and specifications}, record drawings, contractors 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 SeNICes. HQWEVer, the AIE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced ^n the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE DF INTEREST A1E further agrees, in compliance with City of Corpus Christi Ordinance No. 11112, to complete, as par#ofthis contract, the Disclosure oflnteresfsform attached as Exhibit "C". CITY OF CARP 5 CHRISTI Juan Pera s Jr., P.E. ^ate Assistant City Manager REC~M ENDED Pete Anaya, P.E. Date ^irectar of Engineering Services ATTEST Armand^ Chapa, City Se tary AP RDV~ A5 T~ FARM .~ City Attorney Date NAISMITH ENGINEERING, INC. ~ ~ -- David M. Underbrink, Sr, P.E.'Date President 4501 Gallihar Road Corpus Christi, Texas 78411 {361 } 814-99D0 Office {351 } 814-4401 Fax NAISMITH ENGINEERING, INC. S ~z n John Michael, P. ^ate e-Pr ident . ~ rD- -~~~r~ox~zm .....2~~ SECR~T1i~!' Large PJE Contract Page 3 of 3 H:IHOMEIVELMAPIGEHISTREETl6467 WILLIAMS ORiVE PHASE 21CONSi1LTANTCpNTRACTINAISMITH ENGINEERINGl1 CONTRACT PROFESSIONAL SERVECES.~OC E3CHIBIT "A" CITY GF CQRPUS CHRISTI, TEXAS WiNiams Drive, Phase 2 -Airline to Nile Drive bond Issue 20x8 {Project Nv. X467) I. SCOPE ^F SERVICES A. 13asIC Services. 1. Preliminary Phase. The ArchitectJEngineer-AIE 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 with an Engineering Letter Report which includes preliminary designs, drawings, and written description of the project. This report shall include: a. Provide scope of soil investigations, borings, and laboratory testing and make recommendations tvthe City. Coordinate all required services with the Gevtech dab. {The City Engineering Services Departmentwil[ provide necessary soil investigation and testing under one yr mare separate contracts.} b. Confer with the City staff at the start of this phase regarding the design parameters of the Project. The Engineer will participate in a minimum of one {1 }formal meeting 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 AIE wil! discuss the project with the operating department {Water, Wastewater, Gas, Storm Water, Streets, etc.} and other agencies, including but not limited to the Texas Department of Transportation {TxDDT}and Texas Commission on Environmental Quality {TCEQ} as required to satisfactorily complete the Project. c. Submit one {1 } copy in an approved electronic format, and one {1 }paper copy of the Draft Engineering Leiter Report of identified feasible alternatives, and review with City staff to produce an acceptable format. The Draft Engineering Letter Report will include the fallowing {with CQNSTRUCTABILITY being a major element in all the following items}: 1. Review the Project with the respective Operating Department{s} and discussions including clarification and definition of intent and execution of the Project. The AlE 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 passible conflicts, intentaf design, and improvements required, and conformance to relevant Master Plan{s}. 3. Identify results of site field investigation including site findings, existing conditions, potential right of wayleasements to be acquired, and probable Project design solutions {which are common to municipalities}, in accordance with S.U.E. [Subsurface Utility Engineering} standards {CIIASCE 38-t72}. Subsurface investigation will be paid as an additional service. 4. Provide a presentation of pertinent factors, sketches, designs, crass- sections, and parameters which will or may impact the design, including EXHIBIT "A" Page 1 of 12 Revised April 2g1 D !{~W~MEIVeImaP4GENISTREE716467 WILLIAAIS ORiVE PHASE 2lCaN5ULTANT C~NTRACTINAISMITH ENGINELRINGI2 ExFi161T A.doc engineering design basis, preliminary layout sketches, identification of needed additional services, preliminary details of construction of critical elements, identification of Headed permits, identification of specifrcations to be used, identification of quality and quantity of materials of construction, and other factors required far 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 including permitting, environmental, historical, conStruCtlDn, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, LISPS, CCISD, community groups, T17LR, etc. 7. Confer, discuss, and meet with City operating department{s} and Engineering Services staff to produce a cohesive, well-defined proposed scope of design, probable cost estimates and design alternatives. 8. Provide a letter stating that the AlE 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 affec#. d. Assimilate all review comments of the I]raft Engineering Letter Repvr# {if any} and provide one {1 } set of the Final Engineering Letter Report {electronic and hard copies using City Standards as applicable} suitable far reproduction. Said Final Engineering Letter Report henceforth becomes the sole propertyand ownership of the City of Corpus Christi. 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 far existing facilities. e. A copy of existing studies and plans. {as available from City Engineering frles}. f. Field location of existing city utilities. {A!E to coordinate with City Operating Department.} g. Provide applicable Master Plans. h. Provide bench marks and coordinates. 2. ^esign Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the AIE will: a. Study, verify, and implement Engineering Letter Report recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City ^perating Department{s}and Engineering Services staff. b. Prepare one {1 }set of the construction hid and contract documents {elec#ronic and full-size hard copies using City Standards as applicable}, including contract agreement farms, general conditions and supplemental conditions, notice tv bidders, EXM16tT "A" Page 2 ^f 12 Revised April 2Q1Q H:IHOMEIVEVmgPlGEN15TREE716467 WILLtAMS fJRNE PHASE 21GONSl1L7AHT CONTRACTVJAkSMITH ENGINEERIHGI2 ExH181TA.doc ins#ruction to bidders, insurance, bond requirements, and preparation of other contract and hid related items; specifications and drawings to fix and describe, far one bid, the size and character of the entire Project; description of materials tv be utilized; and such other essentials as may be necessary for construction and cast analysis. c. Provide assistance to identify #esting, handling and disposal of any hazardous materials andlor contaminated sails that maybe 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 wi11 provide a phased approach to track progress and payments. e. Furnish ^ne {1 }set of the interim plans {fl]°I° submittal -electronic and full-size hard copies using City Standards as applicable} to the City staff far review and approval purposes with estimates of probable construction costs. Shaw 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 for utility manholes. 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 Summa 'which will identify and summarize the project by distinguishing key elements such as: • Pipe Size yr Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • RQW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. ^ Specific requirements of the City • Standard specifications • Nan-standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additionsldeletions and proceed to next phase, upon Notice to Proceed. g. Provide one {1 }set of the pre-final {Mans and hid documents {90°I° submittal - electronic and ful!-size hard copies using City Standards as applicable} to fhe 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 AssurancelQuality Control {QA1QC} measures to ensure that submittal of the interim, pre-final {if required},and final complete plans and complete hid 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 AIE 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 ExHtglr «a„ Page 3 of 12 Revised April 2010 H:LFi0ME1VNmgP1GEN15TREET16467 WILLNAiS QRNE Pi~1ASE 21CDNSVLTANT CONTRACTLNAISMITH ENGlNEERINGI2 EXHIBIT A.doc signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. i. If required, provide traffic controls including a Traffic Central Plan, illumination, markings and striping, signalizativn, and as delineated by the City Traffic Engineering l7epartment. j. Provide one {1 } set of the final {10Q°Io} plans {unsealed and unstamped -electronic and full-size hard copies using City Standards as applicable} for City's final review. k. Assimilate all final review comments {if any}. I. Upon approval by the ^irector of Engineering Services, provide one {1 }set of the final plans and contract documents {electronicand full-size hard copies using City Standards as applicable) suitable far reproduction. Said bid documents henceforth became the sole property and ownership of the City of Corpus Christi. m. The City agrees that any modifications of the submitted final plans {for other uses by the City} will be evidenced vn the plans and be signed and sealed by a professional engineer prior to re-use of modifed plans. n. Prepare and submit monthiystatus reports with action items developed from monthly progress and review meetings. o. Provide a Storm Water Pollution Prevention Plan, if required. The City staff will: a. []esignate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The 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 documents and prepare, in the City's format, fvrthe Engineering Services' approval, anyaddenda yr other revisions necessary to inform contractors of approved changes prior tv bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation canceming 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 AIE's design phase estimate required above, the Engineer will, at its expense, conferwith City staff and malts such revisions to the bid documents as the City staff deems necessary to re- advertise that particular partivn of the Project far 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 far bidding, maintain the list of prospective bidders, receive and process deposits far all bid documents, issue (with the assistance of the AIE} any addenda, prepare and supply bid tabulation forms, and conduct bid opening. E}CHIBIY "A" Page 4 of 12 Revised April 2Dt D H:WOASE1Ve1maP~GENISTREETl6467 WILLIAMS DRIVE PHASE 21C,9NS[1LTANT CONTRACTWAISMITH ENGINEERIAlG12 E7CHI81TA.doc 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 administra#ion to include the following: a. Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents far 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 con#ract 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 forviewing 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, ,PEG, a#c.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image-viewing software available on the City's computer - Imagingfor Win95 {Wang} and Microsoft Imaging Composer. Deliver the manuals an a CD-RAM, 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 within two {2} months of final acceptance of the project. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf formatwith each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City G15 system. ExwletT ..A" Page 5 of 12 Revised April 201 d H:INOMEIVeimaP~GEMSTREET184B7 WILLIAMS ORNE PHASE 21CDNSllLTANT CONTRACTWAISMITH EkGINEERINGI2 E?(HI91T A.doc The City staff will: a. Prepare applicationslestimates far payments fo contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services {ALLOWANCE) This section defines the scope {and ALLOWANCE} far compensation for additional services that may be included as part of this contract, but the AlE will not begin work on this section without specific written approval by the Director of Engineering Services. Fees far 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 fallowing: Permit Preparation. 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 to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDDT PermitslAmendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permi#JAmendments f. Texas Commission of Environmental Quality {TCEQ} PermitslAmendments g. Nueces County h. Texas Historical Commission {THC} i. U.S. Fish and Wildlife Service {USFWS} j. U.S. Army Corps of Engineers {USAGE} k. United States Environmental Protection Agency {USEPA} I. Texas Department of Licensing and Regulation {TDLR } 2. Right-of-Way [RGW)« Acquisition Survey, The AIE 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 1 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 TxDDT requirements as applicable. A!E Consultant will be required to obtain Preliminary Title Reports from a local title company and will provide copies of the title reports to the City. 3. Tapa_ raphic Survey and Parcel Descriptions. AIE will provide field surveys, as required far design including the necessary canfrol points, coordinates and elevations of points {as required for the aerial mapping of the Project area -aerial photography tv 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 Stale of Texas, Ninth Edition. E}CH181T "A" Page B of 12 Revised April 2010 H:IHOME1VeImaP1GEN15TREET16467 WILLIAMS f1RiVE PHASE 21COhlSLILTANT CONTRACTIFlA15MiTH ENGIHEERINGI2 EXHIBIT A.doc Include reference tv a minimum of two [~} found boundary monuments from the project area. AIE will submit individual parcel descriptions and survey plats to the City along with all title reports obtained in Section 2. A strip map showing all parcels required wilt be submitted along with parcel descriptions. The AlE will field mark and delineate all new right-of-way lines upon request of the Cit7~s Land Acquisition Division. 4. Subsurface LJtilitY Exploration fS1LlE1. 1 } Provide exploratory excavation to de#ermine locations of existing utility and communication fines. 2} Explorations would be completed using either a water lance probe ar by hydroexcavation. 3} Explorations would be completed every 2aD feet along the street alignment, with three locations per each cross sec#ion. 5. CCTV Wastewater Lines. The intent of this process is to carefully inspect the interior of the existing line and obtain detailed information farfurtherstudy. A closed circuit television camera will be pulled through each line segment under evaluation, and a television report !ag will be provided. In addition, a color professional grade video will be provided far each line or line segment inspected. The log shall consist of observations recorded on television inspection forms; and shall specifically indicate items such as deviations in line and grade, abnormal conditions of pipe barrel and joints, locations of dropped yr broken taps, and Ivcationslquantities ofany sources of infiltration ar inflow. The distance from the beginning point shall be noted on each observation on the report forms. ~. Construction Observation Services. Provide a project representative APR} to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the AIE shall endeavor tv provide further protection far the CITY against defects and deficiencies in the work. i3. The duties and responsibilities of the PR are described as follows: 1. Genera{: PR will act as directed by and under the supervision of AIE, 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 AIE and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre- construction conferences, progress meetings, job conferences and other project-related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally thraughControctor's superintendent and assist in understanding the intent of the Contract t7ocuments. B. PR shall communicate with CITY with the knowledge of and under the direction of AlE E]CHIBiT "A" Page T of 12 Revised April 2010 H:WOME1VeimaPIGENISTREETl6467 WILLIAMS DRNE PHASE 2lCONSULTANT CONTRACTWAISMITH ENGINEERiNGi2 EkH181TA.doc 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Cvntrac#vr clarifcativns 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 far examination. B. Record date of receipt of Samples and approved Shop ^rawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or 5ample submittal forwhich PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Vllvrk: A. Conduct on-Site observations of Contractor's work in progress to assist A!E in determining if the Work is in general proceeding in accordance with the Contract Documents. B. 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 dues not meet the requirements of any inspection, 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 ar approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction aver the Wvrk. 7. Records: A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Ghange Orders, Field Orders, Work Change Directives, Addenda, additional ^rawings 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 tv Contractor, and Other Project related documents. 8. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative tv questions of Change Orders, Field Orders, Work Change Directives, yr changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in mare detail as in the case of observing test procedures; and send copies to AIE and the City. S. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and 5ample submittals. B. Report immediately to the CITY and AIf= 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 GD-ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. ExHtair °~A" Page 8 of 'f 2 Revised April 2DiD H:LHOME1VeImaPVGENISTREET164&7 WILLIAMS ORNE PHASE 21C~NSl1LTANT CONTFiACT1NAI5MITH ENGINEERINGI2 E?[HI91TA.doc 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items an final list have been completed or corrected and make recommendations concemingacceptance and issuance of the Notice of Acceptability of the Work. 7. Sturm Water HydraiygylHydraulic Studv. 1 } Prepare an updated HydrologirlHydraulicstudy ofthe Williams Drive Sub-Basin and provide CalculationslReport. NEI will provide the results of the analysis to the consultant completing Phase 1 for use in their design. 2} Confirm drainage areas with City Staff, update elevation surveys, and run HEC- HMS and HEC-RA5 models to evaluate axis#ing conditions and changes to accommodate developed #lows as per City Drainage Plan. 3} Analyze the drainage system model to determine if it is possible to re-route a portion of the drainage that currently goes to Mary Carroll ^itch. 4} Use the models developed to design for new drainage features far both Phase and II of the Williams ^rive project. In addition, verify RQW requirements on both phases based on proposed improvements to Box Culverts or Open Channels. 5} If it is determined that work will be needed to expand or improve the Williams Ditch to the East of t_exington, under a Nationwide Permit Scenario [does not include archaeological survey, endangeredlthreatened species survey, nor mitigation construction plans}, then the following permitting tasks will need to be accomplished: a. Wetland Delineation: includeslrequires preliminary investigationlwetland determination, research, initial coordination with the U5 Army Corps of Engineers, determination of scope, delineation procedures as per the 1987 USAGE Wetland Manual, surveying, AUTnCAD, exhibits rendering, and other common tasks associated with delineation. b. USAGE Permitting; includeslrequires review and submittal of the wetland delineation, coordination with project engineerslpartners on the scope of the proposed project components, determination of need far project, AUT~CAD, engineering drawings for the permit, permit writing and submittal, and follow-up with the USAGE will be necessaryas needed until the permit is rendered. 8. TCEQ Water quali Permit. TCEQ WaterQualityPermit- Permitting associated with the project includes a Texas Commission on Environmental Quality ~TCEQ}construction site storm water permit for storm water discharges associated with construction activities under the TPDES Construction General Permit ~TxR16Qfl00}, These permits are required far construction activities including clearing, grading, and excavation activities that disturb I~xHigtT °~A„ Page 9 of 12 Revised April 2x10 H:WOMEIVeimaPIGENISTREET1646T WILLIAMS QRiVE PHASE 21COHSULTAN7 CON7RACTWAIShfITH ENGINEERiNG12 E7(H1BIT A.doc greaterthan 5 acres of total land area. A Notice of Intent [N01}and associated fees would be submitted prior to the start of construction, and a Notice of Termination ~N~T} at the conclusion of the project. 9. Archeological Survey. If the project gets into a permitting scenario, due to the proximity of the project to the Csa, an archaeological survey consisting of shovel tests at various intervals will need tv be completed in the proximity of the project area. A report will also need tv be generated tv document this activity. 10. Endan eredfThreatened 5 ecies Surva . If the project gets into a permitting scenario, due tv the proximity of the project to the Osv, an endangeredlthreatened species survey will need to be completed in the proximity of the project area. A repvrtwill also need to be generated to document this activity. 11. Mitigation Construction Plans. If the impacts set for#h in the Nationwide Program are surpassed and we get into an Individual Permit Scenario; then mitigation would be required. This includes the additional coordination time and engineering far a mitigation area to offset the impacts to Waters of the United States. 12. Three [3l Public Meetings. if requested by City, participate with staff at three [3} public meetings. City Staff will lead meeting and provide support; and the Consultant will be required to prepare exhibit boards and handouts tv illustrate the scope of the proposed improvements, attend and participate in discussion, and provide minutes of the meetings. 13. Warran Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action tv maintain, repair, fix, restore, patch, ^r 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 far the method or action tv 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. 14. Provide the services above authorized in addition tv those items shown on Exhibit "A-1" Task List, which provides supplemental description tv Exhibit "A." Note: The Exhibit "A-1" Task List does not supersede Exhibit "A." ExHietr «,~,,, Page 10 of 12 Revised April 2010 H:r110kiE1VeImaPIGENkSTREET16d67 WILLIAMS DRIVE PHASE 21CONSULTANT CONTRAC7'Vi1AISIr11TH ENGINEERINGr2 E7LHIBITA.dce ~. PRnJECT SCHEDULE PROPOSED PROJECT SCHEDULE ^a ^ate Activi Manda 5e tember 27, 2010 30°/° Submittal Letter Re vrt Wednesda Dctober 6, 2010 8e in Desi n Manda Janua 31, 2011 fiD°I° Submittal Manda Februa 21, 2011 Cit Review Mvnda March 14, 2011 9D°I° Submittal Mvnda Aril 4, 2019 Cit Review Wednesda Aril 25, 2011 Final Submittal Mvnda Ma 9, 2011 ~ Ma 16, 2011 Advertise for Bids Tuesda Ma 17, 2411 Pre-Bid Conference Wednesda Ma 25, 2411 Receive Bids Tuesda June 21, 2011 Contract Award Mvnda Au ust 22, 2011 Be in Construction Frida Februa 22, 2D13 Cam lets Construction 3. FEES A. Fee far Basic Services. The City will pay the AlE 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 wilt be full and total compensation far all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing #hese services. The fee far this project is subject to the availability of funds. The Engineer may be directed tv suspend work pending receipt and appropriation of funds. Far services provided in Section 1.A.1-4, AIE wilt submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon AIE's estimate I;and City concurrence} of the proportion of the total services actually completed at the time of billing. For services provided in Section 1.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to AIE's monthly statements. B. Fee far Additional Services. For services authorized by the (7irector of Engineering Services under Section I.B. "Additional Services," the City will pay the AIE anot-to-exceed fee as per the #able below. EXHIBIT "A" Page 11 of 12 Revised Apri12O1O H:UiOME~VeImapIGENI57REETL6467 WI~LWMS DRIVE PHASE ZICpN5i1LTANT CGNTRACTINAIShiITH ENGINEERINGV2 EXHIBIT A.doc C. Summary of Fees Original Contract BASIC SERVICES 1 Prelimina Phase $172,835.50 2 Desi n Phase 483,939.4a 3 Bid Phase 6,913.42 4 Construction Phase 27,653.68 Subto tal Basic Services Fees 691,342.aa ADDI TIONAL SERVICES 1 Permit Pre oration (Authorized} 5,20x.00 2 ROW Acquisition Survey (Authorized} 8,500.00 3 Topographic Survey and Parcel Descriptie~ns [Authorized} 42 000 Oo 4 5ubsurtace l3tilit Exploration {Authorized} 54,472.00 5 CCTV Wastewater Lines Authorized 15,000.00 6 Construction Observation Services {optional} 149,76x.00 7 Storm Water H drolo IH draulic Stud {Authorized} 125,000.00 S TCE[~ WaterQuali Permit C tional 1,OOaAO 9 Archeolo ical Survey {optional} 4,aaa.oa 10 Endan eredlThreatened Species Survey {optional} 2,aaa.aa 11 Miti ation Construction Plans {O tional} 3,50a.aa 12 Three {3} Public Meetin s Authorized} 3,50a.aa 13 Warrant Phase {Authorized) 900Aa Subto tal Additional Services Fees 414,832.oa TOTA L PRD,JECT FEE $1,106,174.aa The estimated cost of construction for Williams Drive, Phase 2 -Nile Drive to Airline is $8,431,aaa. The Basic Services fee for the project is $6g1,342. Therefore, the percentage of basic engineering services cost to construction costs is 8.2°Io. ExH~aiT ~~,o," Page 12 of 12 Revised April 2x1 fl H:1HpM>=111eIrr~P1GEN15TREElls46] WILLIAMS ORNE PHASE 2LC,[1NSULTANT COh[iRACNIAISMITIi ENGINEERING velmaV2 ExHISk7 A.dac E7(HIBIT A-1 Provides supplemental description to Exhibit A. Task List does not supersede Exhibit A.} CITY OP CQRP!!5 CHRISTI Williams Orive, Phase 2, from Nile Drive to Airline ~Prvject No. fi4fiT} TASK LIST The Williams Orive Phase 2 Project improves the existing two lane roadwayty a four lane roadway ~C3 Collector}. The improvements will include curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings and street lighting. The project will include an 8-foot wide sidewalk an one side for a bike path. The intersection at Nile Drive will be signalized. Utility lines will be replaced andlor rehabilitated if needed. The storm water system will be increased in capacity andlor rehabilitated if needed. The construction budget for the project is $8,431,flOD. The project will also include storm water hydrologylhydrauiic study. This study will determine needed offsite drainage improvements including sizing of open channel system to meet the storm water flaw capacity requirements. Naismith Engineering will also provide necessary regulatory permitting services. Monthly progress reports shall be prepared for submittal to the City and submitted by the 5~h of each month. Basic Services 1} Projec# Limits are from Airline t4 the West Right-~f-Way line of Nile Drive. The following are guidelines and the direction given for addressing the proposed improvements as they relate to the new roadway and city utilities on this project: A. GAS • Coordinate with City Gas Department to excavate and determine horizvntallvertical location of all existing gas lines. ^ Detail location of existing lines on plans. ^ Design the relocation of existing 4" and f" fines to accommodate new roadway width ~Cvnstructian to be completed by City Gas Department]. B. WASTEWATER • All wastewater lines 12" or larger shall be evalua#ed by CCTV. • The existing 42" line was sliplined with a 36" HDPE liner and will not need to be modified. ^ Consultant shall plan vn replacing all clay lines or lines less than 12" in diameter. • No hydraulic calculations are required far the wastewater system. Where required, lines will be replaced with new lines of similar size and hydraulic capacity. • Consultant is authorized tv open city manholes without the presence of a city employee (Consultant takes full responsibility for safety of personnel}. ^ New city was#ewater standards shall be utilized. C. WATER • Replace all AC waterlines and replace CI lines which may end up under the proposed pavement. • Existing lines which are outside the proposed pavement shall be evaluated and a recommendation shall be provided on whether to replace them. • Existing Fire hydrants shall be replaced. • Fire hydrants shall be spaced at 3flt7' ^n-Center along the whole alignment. • Valves shall be placed at a maximum spacing of fiDfl' on each line along the alignment, EXHIBIT "A-1" Pa e ~ of 6 H LFi0hSE1VELMAPiGENISTR/vET1Fi467 WILLlAMS ORNE PHASE ZICONSULTANT CQNTRACTINAISMITH ENGINEERINGI3 E7(HI81TA-1 TASK LIST.000 D. DRAINAGE ^ The structural condition of an existing cast-in-place box culvert shall be evaluated by the consul#ant completing Phase 1 of Williams ^rive. The analysis will be provided to Naismith Engineering, Inc. for use in completing the project. ^ The results of the structural analysis and HIH studywill determine the final required drainage improvements. • Portions of the existing drainage easement may need to be converted into a Public R.Q.W. Roadside ditches shall be eliminated. • Consultants are to coordinate with each other regarding structural analysis and HIH study, and keep City Staff informed of all correspondence. 2} Attend and participate in one {1 }project start meeting and several planning meetings {3 meetings}with City staff to discuss planning and conceptual design. 3} Contact Texas One-call system to locate existing utilities in the field and coordinate with appropriate City operating departments. 4} Perform field investigation [surveys as authorized by Additional Services} as required to define specific areas of demolition and new work, equipment, locations, tie-in point, and other applicable parameters required tv complete the fetter report, hydrologiclhydraulic analysis and construction drawings. 5} Perform the sub-surface exploration required to identify all existing underground utilities and other potential conflicts. Prepare a detailed report. 6} Review available reports, record drawing, utility maps and other information provided by the City pertaining tv the project area. 7} Prepare Engineering Letter Report and Submit tv Cityfor review and approval {3fl°/° submittal). 8} Qtatain approval to proceed tp Design Phase. 9} Develop construction drawings in English units in 22"x34" sheets. The plans shall be submitted tv the City for review at the following key milestones: 60°/° Submittal far review 9D°/° Submittal for review 1 Q~°Io pre-final for approval Final Plans issued bidding {signed and sealed} 10} Address comments received from the City for the each Submittal. 11 } Prepare Special Provisions, Specifications and Forms of Contracts and Bonds to include: a. Title Page b. Table of Contents c. Notice to Bidders d. Notice to Contractors - A e. Notice to Contractors - 8 f. Part A-Special Provisions g. Part B -General Provisions h. Part C -Federal Wage Rates and Requirements E7CHIBIT "A-'I" Pa e2ofti H:IHOMEIVELMAPiGENISTREET164fi7 WIkLIAMS ORiVE PHASE 21CONSUETANT CONTRACTWAISMITH ENGINEERINGI3 E7fH1617 A-1 TASK LIST.bOC i. Part S --Standard Specifications j. Part T --Technical Specifications {if required} k. List of Drawings I. Geotechnical Report m. Notice n. Agreement a. PraposallDisclosure Statement p. Pertvrmance Bond q. Payment Bond 12} Provide Quality AssurancelQuality Control {QAIQC} pre-final review and prepare submittal for Cit}~s review depicting final cvmpfete development of the cvnstn.~ction drawing and specifications. 13} Address comments received from the City far the 60°Io, 9g°I°, Pre-Final, and Final Submittal. 14} Provide Quality AssurancelQuality Control {QAIQC}review and submit one {1 }hard copy and one {1 } electronic copy of the 6[}°/0, 90°Io, Pre-Final, and Final contract drawings and specifications tv the City. 15} Update the Opinion of Probable Costs and submit #o the City. 16} Develop a Construction Phasing and Traffic Control Plan #o minimize the impact of the construction. 17} Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract far Professional Services. 18} Provide Construction Phase Services in accordance with Exhibit 'A' of the contract for Professional SeNICeS. 19} Coordinate with AEP and other private utilities to get power pales re-located prior tv bidding process. Addi#inal Services 1. PERMIT PREPARATION 1 } Upon receiving authorization from the City to proceed, furnish to the City all engineering data and documentation necessary far all required governmental pemnits as needed tv complete the pmject. 2} Prepare and submit permit applications and associated fees tv the appropriate authorities as required to complete the pmject. 3} Register projecf with TDLR and submit plans and specifications to RAS for review. 2. RIGHT-OF-WAY ACQUISITION SURVEY 1 } Establish limits of work area and obtain reference drawings. 2} Research City rights-of-way {ROW}, easements and property boundaries. 3} Research adjacent properties. 4} Prepare working sketch for right-vf-way {ROW} acquisition. 5} Locate and tie-in tract boundaries in the field. EXHIBIT "A-1" Pa e3vf6 H:1HOAIEIVELMNPlGfH15TREET164&7 WILLIAMS ^RIVE PiiASE 2lCON5l1LTAH7CONTRACTWAISMITH ENGINEERIHGI3 F>W1BiT A-1 TASK LIST.GOC fi) Calculate boundaries for right-of-way BROW}acquisition. 7} Perform CAO designldrafting for final survey plats. 8} Provide Quality AssurancelQuality Control (QA1QC} final review for survey plats. 9} Write legal descriptions far right-of-way [RQW} acquisition. 1 ~} Stake boundaries for right-vf-way (ROW} to be acquired. 11 } Provide ROW exhibit far each parcel. 3. TOPOGRAPHIC SURVEYAN^ PARCEL ~ESCRIPTIDNS 1 } Research horizontal and vertical controls. 2} Pre-plan control survey. Coordinate with the Phase 1 Consultant. 3} Set control points in the field. Control points shall be set in well protected locations which can be easily located by the contractor during construction. 4} Establish vertical control points {bench marks} and perform level loops. 5} Establish horizontal control on control points by GPS. 6} Perform topographic survey within project limits. 7} Locate and tie-in tract boundaries. 8} Locate and tie-in any new R.O.W. boundaries. 9} Locate and tie-in known utilities and stnac#ures. 10} >3ownload raw survey field data, copy field notes, reduce data and check results. 11 } Set baseline contra! paints for construction. 4. SUBSURFACE UTILITY EXPLORATION SUE 1 } Provide exploratory excavation to determine locations of existing utility and communication lines. 2} Explorations would be completed using either a water lance probe or by hydrvexcavatian. 3} Explorations would be completed every 200 feet along the street alignment, with three locations per each cross section. 5. CCTV WASTEWATER LINES -The intent of this process is to carefully inspect the interior of the existing line and obtain detailed information far further study. A closed circuit television camera will be pulled through each line segment under evaluation, and a television report log will be provided. In addition, a color professional grade video will be provided for each line yr line segment inspected. The log shall consist of observations recorded on television inspection forms; and shall specifically indicate items such as deviations in line and grade, abnormal conditions of pipe barrel and joints, locations of dropped or broken taps, and locationslquantities ofany sources of infiltration or inflow. The distance from the beginning point shall be noted on each observation vn the reportforms. EXHIBIT "A-T" Pa e4of6 H:LF{bµE1VELhVIP1GEN15TREET184fi7 WILLIAMS DRNE PHASE 2LCOHSULTANT COHTRACTWAISkSITH ENGINEERiNG13 Ek1.1161T A-1 TASK LIST.~OC 6. CDNSTRUCTIDN OBSERVATION SERVICES 1 ~ Provide construction observation services as authorized by the City. 2} Conduct site visits to the project site during construction. 3} Prepare daily reports. 4} Provide detailed coordination with City staff during construction. 5} Coordinate construction activities with the designated testing lab. 7. STORM WATER HYDRDLDGYIHYDRAULIC STUDY 1 } Prepare an updated HydrologiclHydraulic study of the Williams Drive Sub-Basin and provide CalculationslReport. NEI will provide the results of the analysis tothe consultant completing Phase 1 far use in their design. 2} Confirm drainage areas with City Staff, update elevation surveys, and run HEC-HMS and HEC-RA5 models tv evaluate existing conditions and changes to accommodate developed flaws as per City ^rainage Pian. 3} Analyze the drainage system model to determine if it is possible tv re-route a portion of the drainage that currently goes to Mary Carroll Ditch. 4} Use the models developed to design for new drainage features far both Phase I and it of the Williams ^rive project. In addition, verify RDW requirements on bath phases based vn proposed improvements to Bvx Culver#s ar Dpen Channels. 5} If it is determined that work will be needed to expand or improve the Williams Ditch to the East of Lexington, under a Nationwide Permit Scenario {does not include archaeological survey, endangeredlthreatened species survey, nor mitigation construction plans}, #hen the following permitting tasks will need to be accomplished: a. Wetland Delineation: includeslrequirespreliminary investigativnlwetlanddetermination, research, initial coordination with the US Army Corps of Engineers, determination of scope, delineation procedures as per the 1987 USACE Wetland Manual, surveying, AUTDCAD, exhibits rendering, and other common tasks associated with delineation. b. USACE Permitting; includeslrequires review and submittal of the wetland delineation, coordination with project engineerslpartners vn the scope of the proposed project components, determination of need for project, AUTDCAD, engineering drawings for the permit, permit writing and submittal, and follow-up with the USACE will be necessary as needed until the permit is rendered. 8. TCEQ WATER QUALITY PERMIT-TCEQ WaterGi!uality Permit- Permitting associated with the project includes a Texas Commission on Environmental Quality {TCEC~} construction site storm water permit for storm water discharges associated with construction activities under the TPDES Construction General Permit {TXR1fia9Dg}. These permits are required far construction activities including clearing, grading, and excavation activities that disturb greater than 5 acres of total land area. A Notice of Intent {NDI}and associated fees would be submitted prior to the start of construction, and a Notice of Termination {NOT} at the conclusion of the project. EXH161T "A-~" Pa e5vfti H:WOMEIVELMAPiGEN15TREET16467 WILLIAMS ORNE PHASE 21CONSULTANT CONTRACTWAiSMITH ENGIN££RING13 El(HIBlT A-1 TA51( LIST.flOC 9. ARCHAEQLOGICAL SURVEY 1 } If the project gets into a permitting scenario, due to the proximity of the project to the Qso, an archaeological survey consisting of shovel tests at various inten+als will need to be completed in the proximity of the projec# area. A report will also need tv be generated to document this activity. 1 ~, ENDANGEREDITHREATENED SPECIES SURVEY 1 } If the project gets into a permitting scenario, due tv the proximity of the project to the Gso, an endangeredlthreatenedspecies surveywill need to be completed in the proximity of the project area. A report will also need tv be generated to document this activty. 11. MITIGATION CONSTRUCTlDN PLANS 1 } If the impacts set forth in the Nationwide Program are surpassed and we get into an Individual Permit Scenario; then mitigation would be required. This includes the additional coordination time and engineering for a mitigation area to offset the impacts to Waters of the United States. 12. THREE 3 PUBLIC MEETINGS 1 } If requested by City, participate with staff at three (3} public meetings. City Staff will lead meeting and provide support; and the Consultantwill be required to prepare exhibit boards and handouts to illustrate the scope of the proposed improvements, attend and participate in discussion, and provide minutes of the meetings. 13. WARRANTY PHASE 1 } Upon receiving authorization from the City to proceed, conduct a maintenance guaranty inspection toward the end of the one-year period after acceptance of the project. Nate defects requiring contractor action to maintain, repair, fix, restore, patch, correct or replace improvements under the maintenance guaranty terms of the construction contract. Document the condition and prepare a report far the City staff of the locations and conditions requiring action. EXH161T "A-1" Pa eGofS H LHCMEIVELMAPlGEN15TREET16467 WIGLUIMS ORNE PHASE 21CONSULTANT COHTRgCTWA45M1TH ENGINEERINGL3 EJ(RIBiTA-1 TASK LIST.DOC Exhibit B Mandatary Requirements ~Re~ised September, 2~a1 ~ INSURANCE REQL]IREMENTS C~NSLJLTANT 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 bythe City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subcansultant has been so obtained. 6. The Consul#ant shall furnish two ~2} copies of certifcates, with the City named as an additional insured, showing the following minimum ca~erage 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,flDD,DDD COMBINED SINGLE LIMIT 1. Cammercia! Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products! Completed Operations Hazard 6. Contractuallnsurance 7. Broad Farm Property Damage 8. Independent Consultants 9. Personallnjury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,DDD,DDD COMBINED SINGLE LIMIT DR RENTE^ WHICH COMPLIES WITH THE TEXAS WORKERS= WORKERS' COMPENSATION COMPENSATION ACT AN^ PARAGRAPH li ^F TH15 EXHIBIT EMPLOYERS' LIABILITY $1DD,DDD EXCESS LIABILITY $1,DDD,DDD COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITYI $2,DDD,DDD 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} NDT REQUIRED INSTALLATION FLOATER $10D,DDD Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [ ] RE(~UIRED [X] NOT REQUIRED ExH1BlT "B" Pa e 1 of 3 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 ether interested parties. II. INDEMNIFICATION AND HOLD HARMLESS A. Consul#ant 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, ctaims, demands, liabilities, losses and expenses, including court cysts and attorneys' fees, for yr vn account of any injury to any person, or any death at any time resulting from such injury, yr any damage tv any property, which may arise yr which may be alleged tv have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death ^r damage is caused by the sole or concurrent negligence of the City of Carpus Christi, its agents, servants, yr employees ^r 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 policyand endorsements approved by the Texas State Board of insurance. if such coverage is provided through self-insurance, then within ten (10] calendardays 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 tv self-insure its workers' compensation coverage, as well as a fetter, 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 revolted ar 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 Carpus 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. , ~~ h. ~~Id.. ~f.. ri ~! n11~l ,~} ~ Alltl~['1f Q C~ i~ ~' _ ___ - ~ rln~ i ^ CH~ ' ~ oc~ ta~1-iin1-~ is ocfi.r.~}n.J +rt ho }} ,a ara~i ~a_~fsmm~ln ' fir.r. ref +ha T~~n„AtGT~TVA~i R ,...~iF~RC~QII i~TC ~[,Vr~T,C ~~ EXHIBIT "B" Pa e2of3 III. On the certificate of insurance: • The City of Carpus Christi is to be named as an additional insured vn the liability coverage, except for workers' compensation coverage. ^ Should your insurance company elect to use the standard ACRD form, the cancellation clause {bottom right} shall be amended by adding the wording "changed or" between "be"and "cancelled" and deleting the words "endeavvrto"and the wording after"left". If the cancellation clause is not amended in the ACRD form, then endorsements shall be submitted. • The name of the project also needs #o be listed under "description of operations". ^ At least 1l}-day written notice of change yr cancellation will be required. IV. A completed Disclosure of Interest must he submitted with your proposal. ~7{HIBIT "8" Pa e3of3 ,,y~y,,~ SUPYLIERNUMF3EK TO BE A551GNED F3Y C`TT~~ PURCEfAS1NG D1V[S[aN r-~r..V City of CITY DF CURPUS CHRISTI corpus DISCLOSURE ~F INTEREST Christi 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 nr riling Requirements, Certifications and definitions. COMPANY NAME: Naismith Engineering, Inc. P. D. BOX: 399 STREET ADDRESS: 45D1 Golliltar Road CITY: Corpus Chrisfi ZIP: 7$411- FIRM IS: 1. Corporation ® 2. Partnership B 3. Sale Qwner ^ 4. Asso~ratiarr 5. ether DISCLDSi]RE 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 Cityy of Corpus Christi having an "ownership interest" constituting 3% ar mare of the o~3mership in the above named "firm." Name Job Title and City Department (if known} None 2. State the names of each "official" of the City of Carpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. Slate 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 Crai Thom son Landmark Commission I~ LV [J-l7~lrS11o~~ ~.~+n ]jF.tCN A1?WSaRy crHM17TEC 4. State the names of each employee or officer of a "consultant" far the City of Carpus Chrisfi who worked an any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None EXHIBIT "C" Pa e 1 of 2 FILING REQiJIREMENTS 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 em ]ogee that is distinguishable f-rom the effect that the action will have on nnembers 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 t11e City Secretary. [Ethics Ordinance Section 2-344 {d)] CERTIFICATION I certify that a]1 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: ~ohri A. Michael, P.E. Title: Naismitli Engineering, Inc. ["ry~c or Print) Ali ~ ~ oT Gertity[ng Date: ~i z ~ ~ DEFINITIUNS 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 ^f the public in general or a substantial segment thereof. c. "Employee." At~y person employed Uy the City of Corpus Christi, Texas either on a full or part- time basis, but not as an indepe~ident 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 asnon-profit organizations. e. "Dfficial." The Mayor, members of tine City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation- EXHIBIT "C" Pa e 2 of 2 L y O ¢' N N O ~~ Q,1 '~ O m ~ v y.+ C G am N ~ a I~ T ~ L E ~' ,~ ~ a a [] as ~ .v v ~ ~ ~ ~ v o . ~; ^ L C a - ~ ~ v• E °a a= w rd v ~ a Z ~ ~ ~"' C V ~ ~ ~ N fla o^ a2 2 z °; ~•-~ v ~ E wa =~ a 0. r p U v Z E Q v L r.+ C O L.] ^ v ° r ^ v l['] ^ a ^ ° ^ o M O lfi N O a O v ^ a ^ ° ^ o O r Y O O M O Y- r O c~7 N ° ° ° ° ° ° ° ^ ^ ^ o ° ~ v o o ° o ° ~ `~ ~ ~ ~ ~ ' N ~ ~ ~ r c~S 6F} ~{} F}} Eft ~ Q ° ° ° ° ° ° ^ ^ ^ ~ ° ° a o ~- m m ° o ~n ~n ~ ~ in r r r r v a o o v a ^ ^ ^ ~ a ~ ~ v ~ o m OC1 m ~ p ~ ~ ~ h ,r, N r yg v v o a o v o ti ^ ^ ^ r~ v r- ti D G tri O ~] O N N m m ~ u7 ~ C7 O 1~ ~!'? 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