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HomeMy WebLinkAboutC2010-153 - 5/25/2010 - ApprovedCITY DF CORPUS CHRISTI CONTRACT F4R PRQFESSIQNAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.Q. Bax 9277, Corpus Christi, Nueces County, Texas 784fi9-9277 {City} acting through its duly authorized City Manager or Designee and HDR Engineering, Inc., a Nebraska corporation, 844 Indian Hills Drive, Dmaha, Nebraska, 58114, with offices at 555 N. Carancahua 5t., Suite 1654, Corpus Ghristi, TX 78481 {ArchitectlEngineer - AIE}, hereby agree as follows: 1. SCQPE aF PRgJECT Traffic Si nals New and S nchronization Pra'ect No. 6488 - The scope of the project includes preparation of traffic signal plans, bid documents, and construction services for the following five intersections in Corpus Christi, Texas. 1. Alameda Street and Robert Drive Z. Ayers Street and Horne Rvad 3. Gollihar Rvad and Prescott Street 4. Morgan Avenue and Kokernot 5treetlCleo Street 5. Port Avenue and Baldwin Boulevard The above five intersections are currently signalized. Signal plans will be prepared to upgrade the intersection signals from Span Wire to Mast Arm. This scope of services is submitted assuming that City of Carpus Christi will provide us with signal plans That are 8D°/o complete. HDR shall use the 80°I° plans to prepare a 1 t3D°/° submission to the City of Corpus Christi. 2. SCQPE ^F SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and hid 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 un#il requested by the AIE (provide breakdown of costs, schedules], and written authorization is provided by the Directorof Engineering Services. AIE services will be "Services for Construction Projects"- {Basic Services for Constnuction Projects"~ which are shown and are in accordance with "Professional Engineering Services- A Guide tv the Selection and Negotiation Process, 1993" a joint putlication 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 he considered as Basic Sen-ices. The summary of these tasks and services is as follows: 3. ORDER QF SERVICES The A!E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Directorof Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the AIE and written authorization is nrn~frl~rl h~ tnA n~ra.-+ri~.,f Engineering Services. The anticipated schedule of the preliminary 2D1D-1.53 M2U1D-123 DS12Sl1D HDR Engineering ~~~~~ phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not tv be inclusive of all additional time that maybe required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the AIE to undertake additional services yr tasks provided that no increase in fee is required. Services ar tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment tv this contract. AIE shall notify the City of Corpus Christi within three (3} days of notice if tasks requested requires an additional fee. 4. MANDATARY REQLliREMENTS AIE agrees to the mandatory contract and insurance requirements as set forth in Exhibit "6". 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 $151,ga0 (Cne Hundred Fifty-Cne Thousand ^ollars and Zerv Cents}. Monthly invoices will be submitted in accordance with Exhibit "D". fi. TERMINATION CF CONTRACT The City may, at any time, with orwithout cause, terminate this contract upon seven days written notice to the AIE at the address of record. In this event, the A!E will be compensated far its services vn all stages authorized based upon AIE and City's estimate of the prapartivn of the total services actually completed at the time of termination. 7. LOCAL PARTiCIPATICN The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the Ivcal economy. The AIE agrees that at least ?5°Io of the work described herein will be performed by a labor farce residing within the Corpus Christi Metropolitan Statistical Area [MSA}. Additionally, nv mare than 25°I° of the work described herein will be performed by a labor force residing ^utside the Corpus Christi Metropolitan Statistical Area ~MSA}. 8. ASSIGNABILITY The AIE will not assign, transfer ar 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 or partners as the City may designate. No part of the A!E 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. 9. OWNERSHIP OF ^OCUMENTS 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 AlE without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are Trot specific to #his project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prier 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 ~nferests form attached hereto as Exhibit "C". CITY O CORPL! CHRISTI Juan Perale Jr., P.E. ate Assistant City Manager RECOMMENDED Pete Anaya, P.E. Date ^irectar of Engineering Services ATTEST Armando Chapa Date City Secretary APPROVED AS TO FORM '~' U~ City Attorney Date 4 HDR ENGINEER G I C. 7~D Carl E. Cru , P.E. Date Vice President 555 N. Carartcahua 5t., Suite 1fi5fl Corpus Christi, TX 784Q1 [3fi1 } 857-2211 Office (3fi1 } 857-1234 Fax Igo, ~I ~ -1~3 ~c~F~v~~la ~ ~unr~~..~~f ~ 1~ SECR~-lRY EXHIBIT "A" CITY DF CORPUS CHRISTI, TEXAS TRAFFIC SIGNALS [NEW AND SYNCHRONIZED} (6DND ISSUE 2QQ8} PROJECT NO. fi488 1. SCOPE OF SERVICES A. Basic Services. Basic Services wil# include the following in addition to those items shown on Exhibit "A-'i"Task List. 1. Preliminary Phase. ND PRELIMINARY PHASE SERVICES ARE INCLUDED IN THIS CONTRACT 2. Design Phase. the AIE will: a. Prepare one {1 } set of the construction bid and can#ract documents {electronic and full-size hard copies using City Standards as applicable}, including contract agreement farms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, 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 cost analysis. b. Provide assistance identify testing, handling and disposal of any hazardous materials andlor contaminated soils that may be discovered during construction {tv be included under additional services}. c. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will include a phased approach to better track progress and payments. d. Provide one {1 }set of the pre final plans and bid documents {1 as°Io submittal - electronicand full size hard copies using City Standards as applicable} tv the City staff for review and approval purposes with estimates of probable costs. Compile comments and incorporate any requirements intothe plans and specifications, and advise City of responding and non-responding participants. e. Attend a Design Review Workshop {DRW ). The AlE will compile the list of response and solutions agreed to at the ^RW. The list will be emailed back to City staff within seven days following the DRW far distribution. Provide one hard copy and one electronic copy of the pre-final plans and bid documents to the City staff far review and approval purposes with revised opinions of probable costs. ~xHrg~T ,~A„ Pa e 1 of 8 f. Provide quality AssurancelQuality Control {(~AIQC} measures to ensure that the 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 AJE and Sub-consultant AIE shall submit a letter declaring that all engineering disciplines of ail phases of the submittals have been checked, reviewed, and are complete prlar to submission, and include signature of all disciplines including but not Ilmited to structural, civil, mechanical, electrical, etc. g. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. h. Assimilate all final review comments {if any). i. Upon approval by the Director of Engineering Services, provide one {1 } set of the 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 sale property and ownership of the City of Carpus Christi. j. The City agrees that any modifications of the submitted #inal plans {for other uses by the City} will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. i. Provide a Storm Water Pollution Prevention Plan, if required. The City staff will: a. Designate an individual tv have responsibility, authority, and control far 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. d. Conduct a design phase DRW to last no more than four hours in which all affected City Departments, City Staff, Private Utility Owners, and AIE will attend. The purpose of the DRW will be to provide an opportunity farcomments and concerns tv be raised followed by a response ar amenable solution to be agreed upon by all in attendance. The comprehensive list of responses andlor solutions will be compiled by the AIE and agreed to at this meeting. Addressing comments received after this DRW will constitute an additional service. 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. ExHierr ~,a„ Pa e 2 of 8 c. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda ^r other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. Tv this end, the AIE will make a reasonable effort to determine the background and qualifica#ions of the three Lowest qualified bidders. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by Engineering Services in accordance with the A!E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. The City staff will: a. An'ange and pay for printing of al! documents and addenda to be distributed to prospective bidders. b. Advertise the Pro;ect for bidding, main#ain the list of prosper#ive bidders, receive and process deposits for all bid documents, issue [with the assistance of the A1E~ any addenda, prepare and supply hid tabulation farms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials forthe City Council oonceming hid 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 tv 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 far 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 tY~e City under the contract. e. Make regular visits as specified in Exhibit A-1 to the site of the Project to confer with the City protect inspector and contractor to observe the general progress and quality of work, and tv 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 yr 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 ~xHrBrr ,~A" Pa e3of8 specifications for the contractor and authorize minor changes which d^ not affect the contrac#vr's price and are not contrary tv the general interest of the City Lander the contract. g. Provide documentation of project completion to TDLR. h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. i. As applicable, review and assure compliance with plans and specifications, the preparation of ^perating and maintenance manuals {by the Cvntrac#vr} for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.D. As a minimum the Introduction, Table of Contents, and Index will be in HTML {HyperTex# Markup Language} format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images ar a mixture of scanned images and text using the common formats for scanned images - GIF, TIFF, JPEG, etc.. Cvnflrm 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 {Wang) and Microsoft Imaging Composer. Deliver the manuals an a CD-RCM, not on floppy disks. j. Review construction "red-line" drawings, prepare record drawings of the Projectas 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.14 or later} of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City G!S system. The City staff will: a. Prepare applicationsles#imates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services {ALLOWANCE} This section defines the scope (and ALLCWANGE}for compensation for additional services that may be included as part of this contract, lout the A1E 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. Permit Preuarativn. Furnish the City all engineering data and documentation necessary for the following required permits. The A1E will prepare this documentation for all required signatures. The AIE will prepare and submit permits as applicable to the appropriate Iacal, state, and federal authorities. The City shall reimburse the AIE ExHrBir ~~A„ Pa e4vf8 for permit application andlor processing fees as required by the regulatory agencies. Permits may be required by the following regulatory agencies. a. Texas ^epartment of License and Regulation {TDLR } 2. Construction Observation Services. Provide a project representative {PR} to provide periodic construction observation as specified in Exhibit A-1. 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 to provide further protection far the CITY against defects and deficiencies in the Work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of AIE, and will confer with AfE 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 through Contractor's superintendent and assist in understanding the intent o€ the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of AIE 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. 8. Record date of receipt of Samples and appraved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal far which PR believes that the submittal has not been appraved. 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 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 does not meet the requirements of any inspection, test exHrgRr «A„ Pa e5of8 ^r approval required tv be made; and advise City and AIE of that part of work in progress that PR believes should be corrected or rejected ar 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 over the Work. 7. Records: A. Maintain orderly files far correspondence, reports of job conferences, reproductions of original Contract Documents including ail Change Orders, Field Orders, Wvrk Change Directives, Addenda, additional Drawings issued subsequent to the Contract, AIE's clarifications and interpretations of the Contract Documents, progress reports, Shvp Drawing and Sample submittals received from and delivered tv Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative tv questions of Change Orders, Field orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to 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 ^rawing and Sample submittals. B. Report immediately tv the CITY and AIE the occurrence of any Site accidents, any Hazardous Environmental Canditians, emergencies, or acts of God endangering the Wark, and property damaged by fire or other causes. C. Provide project photo report of CD-ROM at the rate of a minimum of two photographs per site visit, including an adequate amount of photograph documentation of utility conflicts. 9. Cvmple#ion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participa#e in a final inspection in the company of AIE, the CITY, and Contractor and prepare a final fist of items tv be completed ar corrected. C. Observe whether all items ^n final list have been completed ^r corrected and make recommendations cancerningacceptance and issuance of the Notice of Acceptability of the Work. 3. Warran Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defer#s requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the main#enance guaranty terms of the contract. ^ocument the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recvmmendativn for the method or action to best correct defective conditions and ExH~~~T ~~As~ Pa e6af8 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. 4. Provide the services above authorized in addition to those items shown on Exhibit "A- 1" Task List. 2. SCHEDULE PRaP~SED PROJECT SCHEDULE The following project schedule is proposed and may be modified during design as mutually agreed upon by the City and the AlE. DAY DATE ACTIVITY Tuesday May 25, 2010 Council approval of Contract Monday May 31, 2010 Begin Design Phase Friday July 9, 2010 Pre-Final Submittal Friday July 1 fi, 2010 Review Meeting Friday July 30, 2010 Final Submittal Monday (2} August 9 & August 1 fi,2010 Advertise for Bids Wednesday August 18, 2010 Pre-Bid Conference Wednesday August 25, 2010 Receive Bids Tuesday September 7, 2010 Council award of Const. Contract Monday October 18, 2410 begin Construction Weekday TBD Construction Completion 3. FEES A. Fee for Basic Services. The City will pay the A!E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. T#te Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, AIE will submit monthly statements for basic services rendered. I n Section 1.A.1-3, the statement will be based upon AlE's estimate [and City Concurrence} of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will paythe AIE anot-ta-exceed fee as per the table below: ~xyrsiT ~=,o,,, Pa e7of8 G. Summary of Fees Fee for Basic Services 1. Preliminary Phase $0 2. Design Phase $19,250 3. Bid Phase $9,250 4. Construction Phase $31200 Subtotal basic Services Fees $119,700 Fee for Additional Services {Allowance] 1. Permit Preparation {as applicable} - Texas ^epartment of License and Regulation Total Permit#ing {AUTHORIZED} $3,500 2. Construction ~bservativn Services {Engineer IV, 6 hours per week for up to 26 weeks and Engineer VI, 2 hours per week for up to 2C weeks} $25,100 3. Warranty Phase $2,100 Sub-Total Additional Services Fees $31,300 Ta#al Fee $151,000 EXHIBIT "A" Pa e 8 ^f 8 EXHIBIT "A-1"TASK LIST {Provides supplemental description to Exhibit °A". Exhibit "A-1"Task t_ist does not supersede Exhibit "A.") CITY ^F CaRPUS CHRISTI, TE7CAS TRAFFIC SIGNALS {NEW AND SYNCHRONIZATION} {BGND ISSUE 2QQ8} PR~.IECT NO. B488 This scope of services is to prepare traffic signal plans at the following five intersections in Corpus Chris#i, Texas. 1. Alameda Street and Robert Drive 2. Ayers Street and Home Road 3. Gollihar Raad and Prescott Street 4. Morgan Avenue and Kalcernot StreetlCle^ Street 5. Port Avenue and Baldwin Boulevard These five intersections are currently signalized and the signal plans will be prepared to upgrade the signals from Span Wire tv Mast Arm. This scope of services is submitted assuming that City of Corpus Christi will provide HDR with signal plans that are SQ°I° complete. HDR shall use the 80°Io plans to have a 1 QQ°I° submission to the City of Carpus Christi. The scope of services is provided as ^utlined below. Changes to the assumed scope of services may result in increased praject costs. Basic Services: 1. Prelimina Phase: N4 PRELIMINARY PHASE SERVICES ARE INCLUDED IN THIS CONTRACT 2. Design Phase: 'l . Meet with the City of Carpus Christi (City) to obtain necessary information, review design requirements, and establish praject schedule. One {1 }meeting has been assumed far budget purposes. 2. Coordinate with the City of Corpus Christi to obtain electronic base plans for the five intersections described previously. This proposal assumes electronic files of the existing intersection layouts including roadway geometries, topography, right of way and utilities, are available and wi11 be provided to HDR. If the electronic files provided to HDR do not contain adequate data to complete the design, HDR wil# obtain the data as an additional service. In addition, City of Corpus Christi will provide proposed signal plans completed at 80°I° #evel for the five intersections. HDR shall use these plans to develop a 1 QQ°I° submission fo the City of Corpus Christi. 3. Coordinate with Texas Cne Call System to locate all utilities in the field. 4. Conduct a field review of the five intersections to note and verify physical constraints, power connection, utility placement, and any other details necessary far signal plan preparation. 5. Prepare a draft set of plans which will include existing intersection layout, proposed signal layout, pole and conductor schedules, wiring diagrams, VIVDS detection zones, traffic signal foundation, signal quantities, applicable design ~xHtiatT ~~a-~„ Pa e 1 of 2 standards, and opinion of probable cost. All intersections will be designed to include edestrian elements that meet all AAA re uirements. 6. Construction plans will be prepared in compliance with CPPSCF and shall be completed in English units on 24"x 36" plan sheets that can be reduced to 11 "x 7H. ?. Submit draft sets of plans, quantity estimates, and opinion of probable cast to City far review. This proposal assumes that there will be only two submissions: pre-final 10D°I° submittal which would include the complete plan set for City of Corpus Christi's review and final submittal which would include the final plan sets addressing all City comments. Provide one hard copy and one electronic copy submittal of the pre-final [1 fl^°/°] and final (signed and sealed} construction documents 8. Mee# with City to review pre-final 10Q°I° submittal comments. one [1 } meeting has been assumed far budget purposes. 9. Prepare final sets of plans, quanti#y estimates, and opinion of probable casts which incorporates all previous comments, and submit a signedlsealed set to the City. 14. Prepare bid documents which will include the technical specifications for the signal design. The boiler documents for the bid documents will be provided by the City. 11. Submit a draft set of hid documents for City's review. 12. Prepare a final set of bid documents addressing all City comments. 13. Bid documents will be structured with a Base Bid for the AyerslHvrne and PortlBaldwin intersections and Additive Alternates for each of the remaining three intersections. 3. Bid Phase Services in compliance with Exhibit A 4. Construction Phase Services in compliance with Exhibit A. Regular visits to the site shall be defined as biweekly visits for up to three hours for construction duration of up to S months. Additional Services: CCNSTRLJCTIDN QBSERVATICN SERVICES A} Construction Observation services shall include up to 6 hours per week for an Engineer IV classifced professional and up to 2 hours per week for an Engineer VI classi#ied professional for an es#imated construction duration of up to fi months. Ex~iB~r "a-~„ Pa e2of2 FJ(HI61T B MANDATORY INSURANCE RE(~UIRMENTS Revised September Zl}01j CQNSULTANT 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 sha11 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 [2y copies of certificates, with the City named as an additional insured, showing the fallowing minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE OVERAGE 3g-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,gt70,Ofl17 COMBINED SINGLE LiM1T 1. Commercial Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 6. Productsl Completed Operations Hazard B. Contractual insurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personallnjury AUTOMQBILE LIABILITY--OWNED NON-OWNED $1,Ot70,000 COMBINE^ SINGLE LIMIT OR RENTE^ WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AN^ PARAGRAPH ll OF THIS EXHIBIT EMPLOYERS' LIABILITY $1 ao,ooo EXCESS LIABILITY $1,QDQ,Ut]g COMBINED SINGLE LIMIT PROFESSIONAL PQLLUTIQN LIABILITYI $2,OOd,00d 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 GUILDERS' RISK See Section B-fi-11 and Supplemental Insurance Requirements [ ]REQUIRED [X] NDT REQUiRE^ INSTALLATION FLOATER $10D,UllQ Combined Single Limit See Section 8-8-11 and Supplemental Insurance Requirements [ ] REQUIRE^ [X] NOT REQUIRED C. In the event of accidents of any kind, the Consultant shall fumish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interest parties. FJ[Hi61T "8" Insurance Requirements Pa e1of3 ll. HELD HARMLESS A. HQLD 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 put of or in connection with the work covered by this contract. Far profsssianai services, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, lasses and expenses, including court costs and attorney fees, for ar on account of any inJury to any person, or any heath at any time resulting from such injury, or any damage to any property, to the extent caused qr alleged to have been caused by the Consultant's negligen# acts, errors or omissions in the performance of professional services under this contract. The foregoing indemnity shall apply except if such injury, death ar damage is caused by the sole or concurrent negligence of the City of Carpus Christi, its agents, servants or employees or any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract far coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10} calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked 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, 1~y certified mail, return receipt requested directed ta: City of Corpus Christi, Department of Engineering Services, P. O. Box 5217, Carpus Christi, Texas 78A69 -Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company ar through self-insurance, the coverage provided must be in an amount sufFicient to assure that al! workers' compensation obligations incurred by the Consultant will be promptly met. ,.ti..u .. .:a.... ..w :...:ia..-~., ...~ .. .,. i~..,~- ~., +tie .,.,,,,,~ ~..~ .,a Q ran:: noe- ari cQ-r-~v7 Ill. ~n 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 ACQRD farm, the cancellation clause (bottom right] shatl be amended by adding the wording "changed ar" between "be" and "cancelled" and deleting E][HIf31T "B" insurance Requirements Pa e2of3 the words "endeavor to" and the wording after "left". If the cancellation clause is nvt 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 10-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. exHlBir ,.g~ Insurance Requirements Pa a3of3 SUPPI.113R NUMIIEft Td BE ASSIGNED BY CTCY- PUItCHA$ING DIVISION ti:.-..~ Ciry of CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to pprovide the fo~lowin~ informatton. Every qquestion must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: HER Engineering, Inc. P. O. BOX: STREET ADDRESS: 55S N, Carancahua, Suite 1650 CITY: Corpus Christi TIP: FIRM IS: 1. Corporation X 2. Partnership e 3. Sale Owner ^ 4. Association ^ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this paga or attach separate sheet. 1. State the names of each `employee" of the City of Carpus Chnsh having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if latown} NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°/° or more of the ownership in the above named "firnn." Name Board, Commission or Commit#ee NIA 4. State the names of each employee or officer of a "consultant" for the City of Carpus Christi who worked on any matter related to the sub,~ect of this contract and has an "ownership interest" constituting 3°/0 or more of the ownership in the above named "#irm." Name Consultant NIA 78478 EXH 161T "C" Ra 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 m general or a substantial segment thereof, you shall disclose that fact in a si ed writing to the City official employee or body that has been requested to act in the matter, unless the interest of the City official ar employee in the matter is appar~mt. The disclosure shall also be made in a signed writing filed with the City Secretary. [EEthics Ordinance Section 2-349 (d}] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not lmowingly 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: Carl E. Crull, P. E. Title: Vice President ['t'ype or Print] Signature of Certifying Date: ,3 Person: ~1~t5 DEFIIVITI0N5 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 in#erest 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 Carpus 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 stack company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Df~icial." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through eating 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. 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