HomeMy WebLinkAboutC2012-003 - 1/10/2012 - ApprovedCITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.Q. Box 9277,
Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and Naismith Engineering,
Inc., a Texas corporation, 4501 Gollihar Road, Corpus Christi, Nueces County, Texas
78411, (Arch itectlEngi nee r — A/E), hereby agree as follows:
1. SCOPE OF PROJECT (Oso Creek Basin Drainage Relief —Project No. E10201)
The project will result in flood control and mitigation measures associated with the Oso
Creek Basin and La Volla Creek drainage basin. This phase of the project will
investigate the feasibility of constructing additional creek conveyance capacity for high
flow rain events to alleviate area flooding. Several scenarios will be analyzed to assess
potential impact on water surface elevation in the creek during heavy rain events. A
cost/ benefit analysis will be performed for scenarios that lower the Oso Creek water
surface elevation. As a result, an implementation plan for proposed improvements will
be developed to include recommendations that are applicable to the long term viability
of development on the City's Southside and western Nueces County_ The contract
authorizes the necessary preliminary phase, topographic surveying and environmental
services to provide a study and report of project scope with economic and technical
evaluation of alternatives.
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-11", 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
2012 -003
M2012-004
01/10/12
Naismith Engineering
Contract for Engineering (AIE) Service's
Page 9 of 3
INDEXED
The City will not pay the fees of expert or technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
9. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings,
contractor's field data, and submittal data will be the sole property of the City, may not be
used again by the AIE without the express written consent of the Director of Engineering
Services. However, the AIE may use standard details that are not specific to this project.
The City agrees that any modification of the plans will be evidenced on the plans, and be
signed and sealed by a professional engineer prior to re -use of modified plans.
10. DISCLOSURE OF INTEREST
A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form attached hereto as
Exhibit "C ".
CITY OF CORPUS CHRISTI
BY / - I Z -12
Oscar R.Martine Date
Assistant City Manager
RECOMMENDED
By
Pete Anaya, P. Date
Director of Engineering Services
NAISM H E14GI EER G, INC.
13 S 6 9
By 4
Authd ized Rep�pe entative Oahe
4501 Gollihar - Road
Corpus Christi, TX 78411
(361) 814 -9900 Office
(361) 814 -4401 Fax
ATTEST
By
Armando Chapa, City S4dretary
APPROVED AS TO FORM
BY
r\ 1
Assi tant City Attorney Date
Z u 1� lAlt�410R
........
Conlract for Engineering (AIE) Services
Page 3 of 3
EXHIBIT A
CITY OF CORPUS CHRISTI, TEXAS
Oso Creek Basin Drainage Relief
(Project No. E10201)
1. SCOPE OF SERVICES
A. Basic Services.
(Basic Services will include the following in addition to those items shown on
Exhibit "A -1" Task List.)
1. Preliminary Phase. The Architect/Engineer -A /E will:
It is the intent of the Preliminary Phase to provide a study and report of project
scope with economic and technical evaluation of alternatives, and upon
issue a Letter Engineering
Report which includes preliminary designs, drawings, and written description of
the project. This report shall include:
a.
b. Confer with the City staff at the start of this phase regarding the d
parameters of the Project. The Engineer will participate in a minimum of
three (3) formal meeting(s) 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 Design Memorandum Letter Engineering Report, with
executive summary, opinion of probable construction costs, with lffe-Gyc4e
mss, defined technical evaluations of identified feasible alternatives, and
review with City staff to produce an acceptable format. --Dew
MemoraRGIUM Will OnGlude the following (with CONSTRUCTARI'LITY-beinct -m
major eleMeRt in all the following, ng-a
1) Review the Project with the respective Operating Department(s)
and discussions including clarification and definition of intent and
execution of the Project; The A/E will meet with City staff to collect
EXHIBIT "A"
Page 1 of 12
, i - , ..
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, 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 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 (CO-NSTRUCTABILIT)()
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, LISPS, 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(s) and design
alternatives.
8) Provide a letter stating that the A/E and Sub - consultant Engineers
have checked and reviewed the Engineering Letter Report d,-_ g
Fnemeran prior to submission.
EXHIBIT " A "
Page 2 of 12
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.
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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 AIE will not begin work on
this section without specific written approval by the Director of Engineering Services.
Fees for Additional Services are an allowance for potential services to be provided and
will be negotiated by the Director of Engineering Services as required. The AIE will,
with written authorization by the Director of Engineering Services, do the following:
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3. Topographic Survey. Provide field surveys, as required, fey design including
the necessary control points, coordinates and elevations of points (as- F 41uw,&d
f(DF the aerial mapping of the PFojeGt area aerialphOtOgFiaphytobe, ki-ed-by
Qty). Establish base survey controls for line and elevation staking (not detailed
setting of lines and grades for specific structures or facilities). All work must be
tied to and conform with the City's Global Positioning System (GPS) control
network and comply with Category 6, Condition I specifications of the Texas
Society of Professional Surveyors' Manual of Practice for Land Surveying in the
State of Texas, Ninth Edition. Include reference to a minimum of two (2) found
boundary monuments from the project area.
4. Environmental Issues.
a. Provide environmental site evaluations and Archeology Reports that are
needed for the Project.
b. 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.
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3. Topographic Survey. Provide field surveys, as required, fey design including
the necessary control points, coordinates and elevations of points (as- F 41uw,&d
f(DF the aerial mapping of the PFojeGt area aerialphOtOgFiaphytobe, ki-ed-by
Qty). Establish base survey controls for line and elevation staking (not detailed
setting of lines and grades for specific structures or facilities). All work must be
tied to and conform with the City's Global Positioning System (GPS) control
network and comply with Category 6, Condition I specifications of the Texas
Society of Professional Surveyors' Manual of Practice for Land Surveying in the
State of Texas, Ninth Edition. Include reference to a minimum of two (2) found
boundary monuments from the project area.
4. Environmental Issues.
a. Provide environmental site evaluations and Archeology Reports that are
needed for the Project.
b. 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.
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9. Provide the services above authorized in addition to those items shown on
Exhibit "A -1" Task List.
EXHIBIT " A "
Page 10 of 12
. •
9. Provide the services above authorized in addition to those items shown on
Exhibit "A -1" Task List.
EXHIBIT " A "
Page 10 of 12
2. SCHEDULE
PROPOSED PROJECT_ SCH EDULE
DAY
DATE
ACTIVITY
Monday
December 19, 2011
Begin Preliminary Phase
Monday
January 09, 2012
Begin Data Acquisition
Monday
February 20, 2012
Begin System Analysis
Monday
April 30, 2012
Provide Update for CIP Program
Monday
November 26, 2012
Submit Draft Preliminary Engineering
Letter Report
Monday
March 04, 2013
Begin Implementation & Outreach
Monday
April 01, 2013
Submit Final Engineering Letter Report
Monday
July 08, 2013
Project Completion
3. FEES
A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section I.A.1 -4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1 -4, A/E will submit monthly
statements for basic services rendered. In Section I.A.1 -3, the statement will be
based upon 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:
EXHIBIT "A"
Page 11 of 12
C. Summary of Fees
Oso Creek Basin Drainage Relief (Project No. E10201)
Fee for Basic Services
1. Preliminary Phase
$544,690
2. Design Phase (TBD)
3. Bid Phase (TBD)
4. Construction Phase (TBD)
Subtotal Basic Services Fees
$644,690
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
Rao!Fsads
TXDQ
Wetlands D4neatiaR and Permit
Tmmpr.renr DicnhaFge Dormi4
NPDES Permit/Amendments
TCEQ
N uenes Count.r
Texas Hie'torinal Gemmiss
I.I.S. Posh and Wildlife SeN!re
U S flurry f nrPc of Cnninoorn
U Eny m rewneRtal Drate6tien A genGy
TDLR
Total Permitting
2. ROW Acquisition Survey (TBD)
3. Topographic Survey (AUTHORIZED)
$118,000
4. Environmental Issues (AUTHORIZED)
$ 5,000
5. Construction Observation Services (TBD)
6. Warranty Phase (TBD)
Sub- Total.Additional Services Fees Authorized
$123,000
Total Authorized Fee
$667,690
EXHIBIT "A"
Page 12 of 12
Revised 9/19/2011
EXHIBIT A -1
CITY OF CORPUS CHRISTI
OSO CREEK BASIN DRAINAGE RELIEF
(Project No. E10201)
I. SCOPE OF SERVICES
A. PHASE ONE- ENGINEERING LETTER REPORT
1. DATA ACQUISITION
a. Committee Development: A committee of stakeholders will be developed.
1) The committee, to be selected by the City, may include consultants,
City representatives, County representatives, TxDOT, and the US
Army Corps of Engineers.
2) The consultant will recommend the parameters for the H &H models &
the committee will review and comment for final approval by the City.
b. Kick -off Meeting: Consultant will coordinate one (1) Kick -off Meeting. The
. purpose of the meeting will be to:
1) Coordinate information sharing and identify existing data that can be
provided by the various entities;
2) Summarize the project scope and schedule.
3) Initiate the data collection efforts regarding existing data
c. Bridge Structures: Consultant will acquire detailed information from
TxDOT regarding the following existing bridge structures.
1) Yorktown Blvd.
2) Staples St.
3) Weber Rd.
4) Chapman Ranch Rd. /SH 286
5) FM 763
6) Old Brownsville Rd.
7) McGloin Rd.
8) SH 44
EXHIBIT "A -1
Pa eIofb
KAFngineering Data ExchangelKevin SlCEMSTORM WAT\E 10201OsoCreekBasinDrainageRelie #\Exhibit A -1 9 20 2011 _doe
Revised 9/19/2011
d. Previous Studies of Oso Creek: Consultant will acquire previous studies
of Oso Creek, which may be available from TxDOT, City of Corpus Christi,
and FEMA.
e. Survey:
1) Survey datum to be used will be NAVD 1988, NAD 83, Texas South
4205 State Plane Coordinates,
2) Consultant will complete a supplemental survey of the following bridge
structures and collect the data required for the analysis.
a) Yorktown Blvd.
b) Staples St.
c) Weber Rd.
d) Chapman Ranch RdJSH 286
e) Landfill Bridge Structure
f) FM 763
g) Old Brownsville Rd.
h) Private Structure crossing between Clarkwood & CR 32.
i) McGloin Rd.
j) SH 44
3) Consultant will perform a detailed survey of Oso Creek from Oso Bay
(Yorktown Bridge) to approximately one -half (1/2) mile upstream of the
LaVolla Creek junction. Cross section surveys will be taken
approximately every 1000 feet, and at locations of major changes in
channel direction and/or dimensions in sufficient detail to accurately
depict the nature of the change. The new survey will supplement the
previously available cross sections from the FEMA study.
4) Consultant will prepare a preliminary cross - section map, and provide it
to City staff for comment and approval, prior to beginning the survey of
the stream cross- sections. A plot of the cross section locations and
the cross sections will be provided and reviewed with the City Prior to
beginning Item I.A.2 (System Analysis)
f. Tailwater:
1) Consultant will perform a statistical analysis of the coincidence of
rainfall occurring at the same time as storm surge. The analysis will be
EXHIBIT "A -1"
Pa e2af6
KGaEngineering DataExchangelKevinSIGET 11STORMWAT\E10201 QsoCreekBasinDrainageRe lieflExhibit A -1 9 20 201 l .doc
Revised 9/19/2011
based on historical NOAA and Corps of Engineers data along the
Texas Gulf Coast.
g. Based on the statistical analysis, Consultant will confer with the City's
committee, and recommend the tailwater elevation to be used for the
hydraulic models, with final approval by the City. Consultant will check on
the status of the FEMA study and determine if a final decision was
reached regarding the tailwater elevation.
h. Texas Department of Transportation:
1) Consultant will coordinate closely with the Texas Department of
Transportation. Oso Creek crosses numerous TxDOT bridges. The
physical characteristics of existing structures as well as any
recommended structures .shall be reviewed and approved by TxDOT.
2. SYSTEM ANALYSIS
a. Hydrologic Modeling: Consultant will develop HEC -HMS models for
existing conditions, ultimate build -out conditions and the 25 -year term
population and build out projections. The City's 2005 Future Land Use
plan will be used to define ultimate build -out conditions. The City will work
with the Consultant to develop and provide the Consultant with the 25-
year term population & build out projections. .
b. Hydraulic Modeling:
1) Consultant will use the HEC -RAS model developed for Nueces County
(FEMA Model) to hydraulically model the existing conditions.
2) Consultant will use the HEC -RAS model developed for the City of
Corpus Christi (City Model) to hydraulically model the existing
conditions.
3) Consultant will compare the results from the FEMA Model and City
Model to:
a) Identify locations of differences and develop a consensus of
problem areas; and,
b) Determine revisions to be made to the FEMA Model, which will be
used for the final hydraulic analysis.
4) Consultant will use the FEMA Model (revised as necessary based on
results of Item I.A.2.b.3) to model various (a maximum of 10)
scenarios of channel improvements.
a) Consultant will collaborate with the City and Committee to develop
. a list of recommended scenarios.
EXHISIT"A 1
Page 7 of 6
K1 EngineeringDataExchangel KevinSIGENISTOPMWAT1 E10201OsoCreekBasinDrainageReiietl £xhi bit A -] 9202011 doe
b) The model will be used to evaluate the impacts of the various
scenarios on the water surface elevation (WSE) from Yorktown
D110p to IN up5troum ORO of Wo Q10ON (State H
c) The models will be run for the following storm events.
25 -Year .
50 -Year
100 -Year
500 -Year
c. Presentation of Results: Consultant will present the results of the
modeling to the City's review committee.
1) Format of the presentation will be a Power Point presentation during a
meeting to be scheduled by the City.
2) Feedback from the committee will be incorporated into the analysis
and the Final Engineering Letter Report.
3. DRAFT ENGINEERING LETTER REPORT
a. Consultant will prepare a Draft Engineering Letter Report, which will
include the following:
1) Executive Summary
2) Project Background
3) Project Goals
4) Analysis Results. All alternatives which are analyzed will be included
in the report. The following items will be included in the report.
• Model Assumptions
• Methodology
• Model Calibration
5) Cost/benefit analysis for the scenarios that appear to have a positive
impact on the WSE.
a) Consultant will perform a property cost analysis of property
removed from the 100 -Year flood event area (existing conditions of
Oso Creek vs. proposed improvements model of Oso Creek).
b) Analysis will use property data available through the Nueces
County Appraisal District Website (2011 Tax Year Values).
c) Property cost will include the land values of the property.
EXHIBIT "A_ 1 „
Page 4 of b
K:\Engineering DataExchangeN.KevinSNOEN \STORMWATIE 10201 OsoC $ xhibii A -1 9 20 2011,doc
Revised 9/19/2011
6) Preliminary exhibits and Engineer's Opinion of Probable Cost. of the
scenarios that have a positive impact on the WSE.
7) Inundation maps /exhibits for each scenario.
8) Preliminary implementation schedules for scenarios that have a
positive impact on the WSE.
9) Potential state and federal funding sources
10)Summary of anticipated state and federal permitting required for any
proposed modifications to Oso Creek (including the Endangered
Species Act)
11)Other items to be considered during the final design, including:
a) Environmental Documentation;
b.) Habitat Conservation Plan;
c) Wetland Delineation;
d) Archeological Surveys; and,
e) Biological Surveys.
f) Constructability issues
g) R.O.W. and Acquisition.
h) Discussion of Impact or.change from SWDMP
b. Consultant will provide City staff with two (2) bound copies and one (1)
electronic copy of the Draft Engineering Letter Report.
c. Consultant will provide digital copies of all HEC -HMS, HEC -RAS input and
output files.
4. REVIEW MEETINGS
a. Consultant will attend one (1) meeting with City staff to discuss the Draft
Engineering Letter Report.
b. City staff will provide Consultant with comments during the Review
Meeting.
C. Consultant shall document all discussions and comments and will provide
meeting minutes.
EXHIBIT " A -1 "
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K:\Engineering DataExchange\KevinSI GENTS' rORMWAT\ E102010soCreekBasinDrainageRelief \Exhibit A -1 9 20 2011.doc
Revised 9119/2p11
5. FINAL ENGINEERING LETTER REPORT
a. Consultant will address the comments provided by City staff for the Draft
Engineering Letter Report, and submit a Final Engineering Letter Report.
b. Consultant will return the City provided comments regarding the Draft
Engineering Letter Report, with notations on how the comments were
addressed in the Final Engineering Letter Report.
c. Consultant will provide City staff with two (2) bound copies and one (1)
.electronic copy of the Final Engineering Letter Report.
B. IMPLEMENTATION AND OUTREACH
1. Consultant will assist the City with the presentation of the implementation
plan to the City Council and the Community. This will include:
a. A maximum of three (3) meetings with City staff to develop the
presentation;
b. One (1) presentation at a City Council meeting;
c. All materials (exhibits, Power Point presentation, etc.) required to develop
the presentation; and,
d. A maximum of two (2) meetings with stakeholders (i.e. US Army Corp of
Engineers, Nueces County or TxDOT).
2. The implementation plan will include elements of the Engineering Letter
report that are applicable to the long term viability of development on the
City's Southside and western Nueces County.
EXHIBIT "A- F
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K:\Fngineering DataEachangel KcvinSlGEN\ STOR1v1WAT1 E102010soCreekBasinDrainageP ,elieflExhibit -1 9 20 2011.doo
Exhibit B
Mandatory Requirements
(Revised September, 2001)
INSURANCE REQUIREMENTS
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
WHICH COMPLIES WITH THE TEXAS WORKERS=
WORKERS' COMPENSATION
COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITY
$100,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
$2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include
[ ] REQUIRED
long -tern environmental impact for the disposal of
[X] NOT REQUIRED
contaminants
BUILDERS' RISK
See Section B -6 -11 and Supplemental Insurance
Requirements
[ ] REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER
$100,000 Combined Single Limit
See Section B -6 -11 and Supplemental
Insurance Requirements
] REQUIRED . [X] NOT REQUIRED
EXHIBIT "B"
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T
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.
INDEMNIFICATION AND HOLD HARMLESS
A. 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 or alleged
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. O: Box 9277, Corpus Christi, Texas 78469 - Attention:
Contract Administrator.
Whether workers' compensation insurance coverage is provided through a licensed
insurance company or through self- insurance, the coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred by the
Consultant will be promptly met.
m BIT "B"
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SUPPLIER NUMBER
TO B$ ASSIGNED BY CITY - -
PURCHASING DIVISION
�r
Cit o f CITY OF CORPUS CHRISTI
C or pus
Chr isti DISCLOSURE OF INTEREST
Chr
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do
business with the City to provide the following information. Every question must be answered.
If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements,
Certifications and definitions.
COMPANY NAME: N,d Irtn�,ffl F�'1r Jar WYE
P. O. BOX:
_
STREET ADDRESS:„
' CITY:
c
i�.isif ZIP: 7SWI-
FIRM IS: 1. Corporation
2. Partnership e
- —
3. Sole Owner E
4. Association
5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this pa e 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)
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
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
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."
`-
Na m �' _ Consultant
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
1 certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested; and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: ��-�y� , ,� Title: Vj�e,
Signature of Certifyii
Person:
Date: 44 0 � ,,-0
a. "Board member." A member of any board, commission, or committee appointed by the
City Council of the City of Corpus Christi, Texas.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to
have an effect on that interest that is distinguishable from its effect on members of the public
in general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or
part -time basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self - employed
person, partnership, corporation, joint stock company, joint venture, receivership or trust, and
entities which for purposes of taxation are treated as non - profit organizations.
e. "Official." The Mayor, members 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 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.
DEFINITIONS
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Construction Phase
Subtotal Basic Services
Additional Services:
ROW Acquisition Survey
Topographic Survey (Authorized)
Environmental Issues
Construction Observation
Warranty Phase
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
OS0 CREEK BASIN DRAINAGE RELIEF
Project No. E10201
Invoice No. 123456
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 Invoice Complete
$544,690
$0
$0
$544,690
$0
$0
$0
0%
0
0
0
0
-
0
0
#DIV /O!
0
0
0
0
0
0
0
#DIV /O!
0
0
0
0
0
0
0
#DIV 10!
$544,690
$0
$0
$544
$0
$0
$0
0%
TBD
$118,000
$0
$0
$118,000
$0
$0
$0
0%
$5,000
$0
$0
$0
$0
$0
$5,000
$0
$0
$0
$0
$0
$0
$0
0%
0%
0
0
0
0
0
0
0
0%
$123,000
$544,690
123,000
$0
$0
0
$0
$0
0
$123,000
$544,690
123,000
$0
$0
0
$0
$0
0
$0
$0
0
0%
0%
0%
$667,690
$0
$0
$667,690
$0
$0
$0
0%
Exhibit D
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