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HomeMy WebLinkAboutC2011-211 - 6/21/2011 - ApprovedAMENDMENT NO. 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and URBAN ENGINEERING a Texas corporation, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404, (Architect/Engineer — A/E), hereby agree as follows: SCOPE OF PROJECT Padre Island Water Supply Study and Alternate Water Transmission Main Phase 1 (Project No. El 0172) — This project consists of construction of a new water transmission main along the JFK Causeway from Flour Bluff to Padre Island to serve as an immediate redundant water supply to the island. Padre Island presently receives its water supply through a single 24 -inch steel transmission main constructed across the Laguna Madre in 1968. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A -1 ", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may by the City staff and may be amended by or with the concurrence of 2011 -211 M2011 -134 Bring Services. 06/21/11 Urban Engineering Contract for Engineering (A!E) Services : Pagel of 3 H:% HOMEIVELMAP IGENIWATERIPADRE%E10172 PADRE ISLAND WATER SUPPLY STUDYtiAMENDMENT NO. 911 CONTRACT PROFESSIONAL SERVICES. DOC IND "o(Ea The Director of Engineering Services may direct the AIE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. AIE 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 mandatory contract indemnification and insurance requirements as set forth in Exhibit "B ". 5. FEE The City will pay the AIE a fee, as described in authorized, a total fee not to exceed $364,370.00 Three Hundred Seventy Dollars and Zero Cents accordance with Exhibit "D ". Exhibit "A ", for providing services ( Three Hundred Sixty Four Thousand Monthly invoices will be submitted in 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the AIE at the address of record. In this event, the AIE will be compensated for its services on all stages authorized based upon AIE and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL 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% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The AIE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the 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. Contract for Engineering (A/E) Services Page 2 of 3 H; IHOMEIVELMAP4GEN \WATERIPADRE%E10172 PADRE ISLAND WATER SUPPLY STUDMIVIENDMENT NO. W CONTRACT PROFESSIONAL SERVICES.DOC 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City complete, as part of this contract, the Discl Exhibit "C ". of Corpus Christi Ordinance No. 17112, to osure of Interests form attached hereto as CITY OF ORPUS HRI TI By 7 ?111 Juan Perale , Jr., P. E. Date Assistant Ci y Manager RECOMMEN D By r ms_— %�/z Pete Anaya, P. E., Date Director of Engineering Services ATTEST By Armando Chapa, City 96cretary APP VED AS TO FORM City Attorney Date URBAN GINEERING By M AQ James L. Urban, P. E. D afe 2725 Swantner Drive Corpus Christi, TX 78404 (361) 854 -3101 Office (361) 854 -6001 Fax L a i AKNORIZED irlYYl riAY.... W......w SECRETARY /6 . Contract for Engineering (A/E) Services Page 3 of 3 H: IHOMEIVELMAPIGENIWATERIPADREIEIOl72 PADRE ISLAND WATER SUPPLY STUDYIAMENDMENT NO. W CONTRACT PROFESSIONAL SERVICES.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Padre Island Water Supply Study and Alternate Water Transmission Main Phase 1 (Project No. E10172) 1. SCOPE OF SERVICES A. Basic Services. 1. Preliminary Phase. The Arch itect/Eng ineer-A/E will: It is the intent of the Preliminary Phase to provide a study and report of project scope with economic and technical evaluation of alternatives, and upon approval, proceed 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 to the City. Coordinate all required services with the Geotech Lab. (The City Engineering Services Department will provide necessary soil investigation and testing under one or more separate contracts.) b. Confer with the City staff at the start of this phase regarding the design parameters ofthe 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 A/E will discuss the project with the operating department (Water, Wastewater, Gas, Storm Water, Streets, etc.) and other agencies, including but not limited to the Texas Department of Transportation (TxDOT) and Texas Commission on Environmental Quality (TCEQ) as required to satisfactorily complete the Project. c. Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report of identified feasible alternatives, and review with City staff to produce an acceptable format. The Draft Engineering Letter Report will include the following (with CONSTRUCTABILITY 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 AIE will meet with City staff to collect data, discuss materials and methods of construction, and identify design and construction requirements. 2) Review and investigation of available records, archives, and pertinent data related to the Project including taking photographs of the Project site, list of potential problems and possible conflicts, intent of design, and improvements required, and conformance to relevant Master Plan(s). 3) Identify results of site field investigation including site findings, existing conditions, potential right of way /easements to be acquired, and probable Project design solutions (which are common to municipalities), in accordance with S.U.E. (Subsurface Utility Engineering) standards (CI /ASCE 38 -02). Subsurface investigation will be paid as an additional service. 4) Provide a presentation of pertinent factors, sketches, designs, cross - sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of AMEND. NO.1 EXHIBIT "A" Page 1 of 10 Revised April 2010 H: IHOME1VelmaPIGEN1WATERIPADRE %E10172 PADRE ISLAND WATER SUPPLY STUDY4AMENDMENT NO. 112 EXHIBIT A LARGE AE REVISED April 2010.doe needed additional services, preliminary details of construction of critical elements, identification of needed permits, identification of specifications to be used, identification of quality and quantity of materials of construction, and other factors required for a professional design CONSTRUCTABILITY . 5) Advise of environmental site evaluations and archeology reports that are needed for the Project (environmental issues and archeological services to be an Additional Service). 6) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, 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 AIE and Sub- consultant Engineers have checked and reviewed the design memorandum prior to submission. 9) Provide an analysis on project impacts towards "re- engineering" and effects on cost savings toward City operations, which this project will affect. d. Assimilate all review comments of the Draft Engineering Letter Report (if any) and provide one (1) set of the final Engineering Letter Report (electronic and hard copies using City Standards as applicable) suitable for reproduction. Said Final Engineering Letter Report henceforth becomes the sole property and 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 GIS mapping for existing facilities. e. A copy of existing studies and plans. (as available from City Engineering files). f. Field location of existing city utilities. (AIE to coordinate with City Operating Department.) g. Provide applicable Master Plans. h. Provide bench marks and coordinates. 2. Design 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 Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of the construction bid and contract documents (electronic and full -size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid, the size and character of the entire Project; description of materials to be AMEND. N0. 1 EXHIBIT "A" Page 2 of 10 Revised April 2010 H:IHOME1Vel naPNGEN1WATERIPADREE1o172 PADRE ISLAND WATER SUPPLY STUDY4AMENDMENT NO. 1Y2 EXHIBIT A LARGE AE REVISED April 2010.doc utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. The construction schedule will provide a phased approach to track progress and payments. e. Furnish one (1) set of the interim plans (60% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Show existing elevations resulting from topographic survey. Show locations of utility lines, structures and their respective elevations resulting from the S.U.E. Use the City's numbering system 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 Summary which will identify and summarize the project by distinguishing key elements such as: • Pipe Size or Building Size • Pipe Material, etc. • Why one material is selected over another • Pluses of selections • ROW requirements and why • Permit requirements and why • Easement requirements and why • Embedment type and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. • Owner permit requirements and status f. Assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed. g. Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and full -size hard copies using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants. h. Provide Quality Assurance /Quality Control (QAIQC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant AIE and Sub - consultant 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 signature of all disciplines including but not limited to structural, civil, mechanical, electrical, etc. AMEND. NO. 1 EXHIBIT "A" Page 3of10 Revised April 2010 H: 4HOMEIVelmaPIGENIWATERIPADRE1E10172 PADRE ISLAND WATER SUPPLY STUDY4AMENDMENT NO. 112 EXHIBIT A LARGE AE REVISED April 2010.doc i. If required, provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. j. Provide one (1) set of the final (100 %) 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 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 become 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 on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. n. Prepare and submit monthly status 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. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a. Participate in the pre -bid conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE'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. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the AIE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. AMEND. NO. 1 EXHIBIT "A" Page 4 of 10 Revised April 2010 H: 4HOME 4VelmaP4GEN4WATERIPADRElE10172 PADRE ISLAND WATER SUPPLY STUDYIAMENDMENT NO. 142 EXHIBITA LARGE AE REVISED April2010.doc d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The AIE will perform contract administration to include the following: a. Participate in pre - construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affectthe contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. As applicable, review and assure compliance with plans and specifications, the preparation of operating and maintenance manuals (by the Contractor) for all equipment installed on this Project. These manuals will be in a "multimedia format" suitable for viewing with Microsoft's Internet Explorer, version 3.0. As a minimum the Introduction, Table of Contents, and Index will be in HTML (HyperText Markup Language) format, with HyperText links to the other parts of the manual. The remainder of the manual can be scanned images or a mixture of scanned images and text. Use the common formats for scanned images - GIF, TIFF, JPEG, etc.. Confirm before delivery of the manuals that all scanned image formats are compatible with the image - viewing software available on the City's computer - Imaging for Win95 (Wang) and Microsoft Imaging Composer. Deliver the manuals on a CD -ROM, not on floppy disks. i. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings 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 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 GIS system. The City staff will: a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. AMEND. NO. 1 EXHIBIT "A" Page 5 of 10 Revised April 2010 H: LHOME1VelmaPIGEN1WATERIPADRE1E10172 PADRE ISLAND WATER SUPPLY STUDWMENDMENT N0. MEMO IT A LARGE AE REVISED April 2090.doc B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: Water Supply Study. Include in the study additional options that were not in the original scope but became apparent as the study was being concluded. With existing City expenditures and budget it appears that funds for a major project may not be available until the future and an additional option is to be evaluated for a new transmission main along the JFK Causeway from Flour Bluff to Padre Island. Also, an existing 20 -inch steel gas line across the Laguna Madre has recently been abandoned and may be available for City to acquire. The feasibility of utilizing this existing pipeline will be evaluated and added as a supplement to the study. 2. Permitting. Furnish the City all engineering data and documentation necessary for all required permits. The AIE will prepare this documentation for all required signatures. The A/E will prepare and submit all permits as applicable to the appropriate local, state, and federal authorities, including, but not limited to: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT Permits /Amendments c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments f. Texas Commission of Environmental Quality (TCEQ) Permits /Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) 3. Right- of-Way (ROW) 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 i specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to obtain Preliminary Title Reports from a local title company and will provide copies of the title reports to the City. 4. Topographic Survey. AIE will provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area - aerial photography to be provided by City). Establish base AMEND. NO.1 EXHIBIT "A" Page 6 of 10 Revised April 2010 H: IHOME 1VelmaPlGEN1WATERIPADRElE10172 PADRE ISLAND WATER SUPPLY STUDY)AMENDMENT NO. 112 EXHIBIT A LARGE AE REVISED April 2010.doc survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. A/E will submit individual parcel descriptions and survey plats to the City along with all title reports obtained in Section 2. The A/E will field mark and delineate all new right -of -way lines upon request of the City's Land Acquisition Division. 5. Hydroaraphic Survey. Perform a limited hydrographic survey of the three water crossing across the Laguna Madre from Flour Bluff to the Padre Island (including the Intracoastal Waterway) for the purpose of planning the portion of the pipeline to be installed by horizontal directional drilling. Elevations will be taken along the centerline of the proposed route in order to create a centerline profile of the natural bay bottom. 6. Wetland Delineation of Proposed Route. Perform a survey of the proposed route to determine whether areas to be affected are jurisdictional wetlands or not and to delineate the upper boundaries of these wetlands. The term "wetland" refers to jurisdictional wetlands for use by Federal agencies. Delineation does not include a habitat survey. 7. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 8. Construction Observation Services. Provide a project representative (PR) to provide periodic construction inspection. A. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the PR and assistants, the AIE shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. B. The duties and responsibilities of the PR are described as follows: 1. General: PR will act as directed by and under the supervision of A/E, and will confer with A/E regarding PR's actions. PR's dealings in matters pertaining to the Contractor's work in progress shall in general be with A/E and Contractor, keeping the CITY advised as necessary. 2. Conference and Meetings: Attend meetings with Contractor, such as pre - construction conferences, progress meetings, job conferences and other project - related meetings as required by the City, and prepare and circulate copies of minutes thereof. 3. Liaison: A. Serve as liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. B. PR shall communicate with CITY with the knowledge of and under the direction of A/E 4. Interpretation of Contract Documents: Report when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued. AMEND. NO. 1 EXHIBIT "A" Page 7 of 10 Revised April 2010 H:I HGMEIVelmaP1GEN IWATER4PADRElE10172 PADRE ISLAND WATER SUPPLY STUOMMENDMENT NO. 112 EXHIBIT A LARGE AE REVISED April2010.doc 5. Shop Drawings and Samples: A. Receive Samples, which are furnished at the Site by Contractor, and notify of availability of Samples for examination. B. Record date of receipt of Samples and approved Shop Drawings. C. Advise Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which PR believes that the submittal has not been approved. 6. Review of Work and Rejection of Defective Work: A. Conduct on -Site observations of Contractor's work in progress to assist A/E in determining if the Work is in general proceeding in accordance with the Contract Documents. 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 orwill prejudice the integrity of the design concept of the completed Project, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise City and A/E of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. C. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 7. Records A. Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, A/E's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. B. Prepare a daily report utilizing approved City format, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to A/E and the City. 8. Reports: A. Furnish periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. B. Report immediately to the CITY and A/E the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the work, and property damaged by fire or other causes. C. Provide project photo report on CD -ROM at the rate of a minimum of two photographs per day, including an adequate amount of photograph documentation of utility conflicts. AMEND. NO.1 EXHIBIT "A" Page 8 of 10 Revised April 2010 H: SHDME \VelmaP1GENIWATERIPADRE1E10172 PADRE ISLAND WATER SUPPLY STUDYIAMENDMENT NO. 152 EXHIBIT A LARGE AE REVISED April 2010.dco 9. Completion: A. Before the issue of Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. B. Participate in a final inspection in the company of A/E, the CITY, and Contractor and prepare a final list of items to be completed or corrected. C. Observe whether all items on final list have been completed or corrected and make recommendations concerning acceptance and issuance of the Notice of Acceptability of the Work. 9. Start -up. Services. Provide on -site services and verification for all start -up procedures during actual start up of major Project components, systems, and related appurtenances if needed and required. 10. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one - year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement underthe maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 11. Provide the services above authorized in addition to those items shown on Exhibit "A -1" Task List, which provides supplemental description to Exhibit "A ". Note: The Exhibit °A -1" Task List does not supersede Exhibit "A ". 2. PROJECT SCHEDULE Day Date Activi Wednesday June 29, 2011 Begin Study Completion Monday August 1, 2011 Begin Design/Permitting Monday January 2 2012 Interim Submittal Thursday February 2, 2012 City Review Wednesday Aril 18 2012 Pre -Final Submittal Thursday May 10, 2012 City Review Tuesday June 12, 2012 Final Submittal Monday July 2, 2012 Advertise for Bids Tuesday July 17, 2012 Pre -Bid Conference Wednesday August 1, 2012 Receive Bids Tuesday August 28, 2012 Contract Award Thursday September 27 2012 Be in Construction TBD End of Construction 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 AMEND. NO.1 EXHIBIT "A" Page 9 of 10 Revised April 2010 H: IHOME1VelmaPlGEN 1WATERIPADRE4E10172 PADRE ISLAND WATER SUPPLY STUDYIAMENDMENT NO. 112 EXHIBIT A LARGE AE REVISED April 2010.doc project is subject to the availability of funds. The 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. In Section I.A.1 -3, the statement will be based upon AIE'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 pay the A/E a not -to- exceed fee as per the table below: Summary of Fees 11/05/10 06/14/11 Admin Approval I M2011- The estimated cost of construction of Padre Island Water Supply Study and Alternate Water Transmission Main Project is $3,338,000. The total basic services fee proposal for this project is $267,000. Therefore, the percentage of design cost to construction cost is 8 %. AMEND. N0. 1 EXHIBIT " A " Page 10 of 10 Revised April 2010 H: IHOME1VelmaPIGEN4WATERIPADRElE10172 PADRE ISLAND WATER SUPPLY STUDWMENDMENT NO. 142 EXHIBIT A LARGE AE REVISED April 2010.doc ORIGINAL CONTRACT AMENDMENT NO.1 TOTAL BASIC SERVICES 1 Preliminary Phase $0.00 $40,100.00 $40,100.00 2 Design Phase 0.00 173,500.00 173,500.00 3 Bid Phase 0.00 13,300.00 13,300.00 4 Construction Phase 0.00 40,100.00 40,100.00 Sub -Total Basic Services 0.00 267,000.00 267,000.00 ADDITIONAL SERVICES 1 Water Supply Stud 49,870.00 20,000.00 69,870.00 2 Permitting (Allowance): USCOE Permit 0.00 19,600.00 19,600.00 TXDOT 0.00 10,000.00 10,000.00 NPDES Permit 0.00 2,500.00 2,500.00 3 ROW Acquisition Survey 0.00 0.00 0.00 4 Topographic Survey 0.00 11,500.00 11,500.00 5 H dro ra hic Serve 0.00 9,110.00 9,110.00 6 Wetland Delineation Allowance 0.00 13,800.00 13,800.00 7 Environmental Issues 0.00 5,460.00 5,460.00 8 Construction Observation Services 0.00 0.00 0.00 9 Start-up Services 0.00 0.00 0.00 10 Warranty 0.00 5,400.00 5,400.00 Sub -Total Additional Services 49,870.00 97,370.00 147,240.00 TOTAL AUTHORIZED FEE $49,870.001 $364,370.001 $414,240.00 11/05/10 06/14/11 Admin Approval I M2011- The estimated cost of construction of Padre Island Water Supply Study and Alternate Water Transmission Main Project is $3,338,000. The total basic services fee proposal for this project is $267,000. Therefore, the percentage of design cost to construction cost is 8 %. AMEND. N0. 1 EXHIBIT " A " Page 10 of 10 Revised April 2010 H: IHOME1VelmaPIGEN4WATERIPADRElE10172 PADRE ISLAND WATER SUPPLY STUDWMENDMENT NO. 142 EXHIBIT A LARGE AE REVISED April 2010.doc EXHIBIT "A -1" TASK LIST (Provides supplemental description to Exhibit "A ". Exhibit "A -1" Task List does not supersede Exhibit "A. ") CITY OF CORPUS CHRISTI, TEXAS Padre Island Water Supply Study and Alternate Water Transmission Main Phase 1 (Project No. E10172) BASIC SERVICES A. PRELIMINARY PHASE 1) Meet with Staff to identify project goals, timetables, review proposed route and relevant issues, for project implementation. 2) Contact Texas One -Call system to locate existing City utilities in the field, and coordinate with appropriate City operating department. 3) Develop an inventory of existing conditions, perform the required investigations to define specific areas of concern and review all available master plans. 4) Review and verify issues, including hydraulics, provided in the Padre island Water Supply Study 5) Develop and establish a temporary baseline of the selected route. 6) Address design issues as a result of the permitting requirements. 7) Develop and evaluate list of alternatives for pipe materials, pipe joints and corrosion protection for the new transmission main, discuss with City Staff and provide recommendation in engineering report. 8) Update preliminary estimate of probable cost based on recommendations forengineering report. 9) Prepare one (1) hard copy and one (1) electronic copy of the engineering letter report for the final routing of the new transmission main identifying issues, tentative design, material selection and other concerns. 10) Develop a Geotechnical Investigation Program for preliminary design and submit to City for Testing Laboratory selection. 11) Meet with City Staff to review preliminary issues, engineering letter report, right -of -way issues and details as needed. 12) Finalize report and obtain approval to proceed with design. EEXHI ND. N0.1 "A -1" e 1 of 2 H: IHOMEIVELMAP \GEN\WATERIPADRE\E10172 PADRE ISLAND WATER SUPPLY STUDIMMENDMENT NO. 1 \3 EXHIBIT A-1 TASK LIST. DOC B. DESIGN AND CONSTRUCTION PHASE 1) Meet with City Staff to review preliminary issues, engineering letter report, right -of -way issues and details as needed. 2) Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 3) Develop a traffic control plan to be incorporated in the final construction drawings to the City's format. 4) Develop technical specifications for the entire project to include all relevant standard City specifications and special provisions where warranted. 5) Provide Quality Control /Quality Assurance (QC /QA) interim review and prepare submittal for City's review depicting pre -final development of the contract drawings and specifications. 6) Develop project estimate of probable cost, provide all submittals to the City and meet with staff to review draft submittals and final plans and make City requested amendments. 7) Prepare addenda, attend bid opening, review bids and provide recommendation to City. 8) Attend pre - construction meeting, review Contract Documents and respond to Contractor's questions. 9) Provide project administration services during construction (periodic visits to the project site) to insure compliance of Contractor with plans and specifications and, upon completion, make final inspections as well as an inspection after one year of completion for project warranty requirement. = A-1 EXHIBIT O. 1 f 2 H: I HOMEIVELMAPLGEN \WATER4PADRElE10172 PADRE ISLAND WATER SUPPLY STUDYWMENDMENT NO. 113 EXHIBIT A -1 TASK LIST.DOC EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (Revised September 2001) CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products) Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personal Injury AUTOMOBILE LIABILITY - -OWNED NON -OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH If OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [ ] REQUIRED long -tern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B -6 -11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B -6 -11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. : EXHIBIT "B" Insurce Requirements a e 1 of 2 IL HOLD HARMLESS A. To the extent permitted by law, Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its officers, 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 reasonable attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, to the extent caused by Consultant's negligent performance of services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its officers, agents, servants, or employees, or any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self- insurance obtained in accordance with Texas law. if such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self - insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self- insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self- insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self - insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. 0. 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. iiiiiiiiii - - - m et 0 e - i nal insured an any peliGy n rnvirlinrr such inswanee naveFage III. On the certificate of insurance: • The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. • Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left ". if the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. • The name of the project also needs to be listed under "description of operations ". • At least 10 -day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. EXHIBIT "B" Insurance Requirements Page 2 of 2 SUPPLIER NUMBER i! TO BE ASSIGNED BVTrTY — = PURCHASING DIVISION W= City of CITY OF CORPUS CHRISTI � ti DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See next page for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban E P. O. BOX: STREET ADDRESS: 2725 Swantner Drive CITY: Corpus Christi ZIP: FIRM IS: 1. Corporation 2. Partnership X 3. Sole Owner ❑ 4. Association 0 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessar please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 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 "firm." Name Board, Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NIA 78404 =EXHIBIT "C" 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James L. Urban, P. E. Title: Authorized Representative (Type or Print) Signature of Certifying Date: Person: KA A1 Z 11 ' T DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. o, `Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non -profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT " C" Pa e2of2 T x �_ c� W s� a sv Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invnirp Cmmnlptp $1,000 $0 $0 $1,000 $0 $1,000 $1 ,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6 ,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30 % $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11 % $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23%